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defendantprecedenthearingpleafelony
defendantprecedenthearingpleafelony

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Grisel; U.S. v.

Facts

Defendant Darrel Duane Grisel pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1). At Defendant's sentencing hearing, the government submitted judgments of conviction and indictments for seven second-degree burglaries under Oregon law, Or. Rev. Stat. 164.215(1), to which Defendant had pleaded guilty. The district court sentenced Defendant to 180 months' imprisonment based on the precedent set by Cunningham, which the court later found to be wrongly decided.

Defendant Darrel Duane Grisel pleaded guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g)(1). At Defendant's sentencing hearing, the government submitted judgments of conviction and indictments for seven second-degree burglaries under Oregon law, Or. Rev. Stat. 164.215(1), to which Defendant had pleaded guilty. The district court sentenced Defendant to 180 months' imprisonment based on the precedent set by Cunningham, which the court later found to be wrongly decided.

Issue

Whether second-degree burglary under Oregon law qualifies as a predicate felony under the Armed Career Criminal Act (ACCA) for sentencing purposes.

Whether second-degree burglary under Oregon law qualifies as a predicate felony under the Armed Career Criminal Act (ACCA) for sentencing purposes.

Rule

The Supreme Court established a method of analysis to determine whether a prior conviction is a predicate felony under the ACCA using a categorical approach, which looks only to the fact of conviction and the statutory definition of the prior offense.

The Supreme Court established a method of analysis to determine whether a prior conviction is a predicate felony under the ACCA using a categorical approach, which looks only to the fact of conviction and the statutory definition of the prior offense.

Analysis

The court applied the categorical approach established in Taylor v. United States to determine that second-degree burglary under Oregon law was broader than the federal definition of burglary. The court concluded that because Oregon's definition included non-buildings, it did not meet the federal standard for a categorical burglary offense under the ACCA.

The court applied the categorical approach established in Taylor v. United States to determine that second-degree burglary under Oregon law was broader than the federal definition of burglary. The court concluded that because Oregon's definition included non-buildings, it did not meet the federal standard for a categorical burglary offense under the ACCA.

Conclusion

The court vacated the judgment and remanded the case to the district court to perform the modified categorical inquiry.

The court vacated the judgment and remanded the case to the district court to perform the modified categorical inquiry.

Who won?

Defendant prevailed because the court found that the district court had relied on a precedent (Cunningham) that was incorrectly decided, leading to an improper application of the ACCA.

Defendant prevailed because the court found that the district court had relied on a precedent (Cunningham) that was incorrectly decided, leading to an improper application of the ACCA.

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