United States v. Quarles, 16-1690
| Decision Date | 10 March 2017 |
| Docket Number | No. 16-1690,16-1690 |
| Citation | 850 F.3d 836 |
| Parties | UNITED STATES of America, Plaintiff–Appellee, v. Jamar Alonzo QUARLES, Defendant–Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
ON BRIEF: Paul L. Nelson, Jasna Tosic, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Grand Rapids, Michigan, for Appellant. Sean M. Lewis, UNITED STATES ATTORNEY'S OFFICE, Grand Rapids, Michigan, for Appellee.
Before: SILER, MOORE, and GRIFFIN, Circuit Judges.
Defendant Jamar Quarles appeals his sentence, including the district court's determination that Michigan's crime of third-degree home invasion is equivalent to generic burglary, thus constituting a predicate offense under the Armed Career Criminal Act ("ACCA"). Specifically, he argues that the Michigan statute: (1) includes locations that are broader than generic burglary and (2) does not properly have an intent-upon-entry element that is required under generic burglary. If Quarles succeeds on his challenge, he also challenges a three-point increase in criminal history. We affirm the district court's determination that Michigan's crime of third-degree home invasion is categorically equivalent to generic burglary.1
Quarles was charged in a single-count indictment with being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g). He pleaded guilty to that charge without a plea agreement. At his original sentencing, the district court held that Quarles's conviction for third-degree home invasion was a violent felony under the residual clause of the ACCA. The district court expressly declined to rule whether that offense qualified as generic burglary. Finding this as Quarles's third-predicate offense under the ACCA, the district court sentenced him to 204 months' incarceration. On appeal, this court vacated the sentence in light of Johnson v. United States , –––U.S. ––––, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), and remanded the case for resentencing. On remand, the district court considered whether Michigan's crime of third-degree home invasion constituted a "violent felony." Finding that it was the "functional equivalent of generic burglary," the district court resentenced Quarles to 204 months' incarceration.
I. Quarles's Johnson Claim
We review de novo whether a prior conviction qualifies as a "violent felony" under the ACCA. United States v. Mitchell , 743 F.3d 1054, 1058 (6th Cir. 2014).
When determining whether a particular crime qualifies as a violent felony, we start with the "categorical approach." Id. We look "to the fact of conviction and the statutory definition of the prior offense." Id. We then "compare the elements of the crime of conviction with the elements of the ‘generic’ version of the listed offense—i.e. , the offense as commonly understood." Mathis v. United States , ––– U.S. ––––, 136 S.Ct. 2243, 2247, 195 L.Ed.2d 604 (2016). The prior conviction qualifies as an ACCA predicate offense only if its "elements are the same as, or narrower than, those of the generic offense." Id.
In this case, we must compare Michigan's third-degree home invasion statute with the elements of generic burglary. Michigan Compiled Laws § 750.110a(4) provides:
The generic definition of burglary, as defined by the Supreme Court, is "an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime." Taylor v. United States , 495 U.S. 575, 598, 110 S.Ct. 2143, 109 L.Ed.2d 607 (1990). Comparing these two definitions, Quarles argues that the Michigan statute is overbroad in two respects. First, he argues that the term "dwelling," as defined in the statute, encompasses more than the "building or other structure[s]" found in Taylor. Second, Quarles argues that the Michigan statute does not require intent to commit a crime upon entry, thus making it overbroad. We will address each of these arguments separately.
The Government argues that this court has already decided the issue. See United States v. Gibbs , 626 F.3d 344, 353 (6th Cir. 2010) ; see also United States v. Horton, 163 Fed.Appx. 378, 381–82 (6th Cir. 2006) (). In Gibbs , this court held that "a conviction for second-degree home invasion under Michigan law is the equivalent of the enumerated offense of burglary of a dwelling and therefore constitutes a ‘crime of violence.’ " Id. at 353 (citations omitted). While second-degree home invasion and third-degree home invasion are indistinguishable for ACCA purposes, Gibbs was decided prior to Descamps v. United States , ––– U.S. ––––, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013). Just to ensure that Descamps did not upset the holdings in Gibbs and Horton , we will engage in a full de novo review.
Michigan Compiled Laws § 750.110a(1)(a) defines a dwelling as "a structure or shelter that is used permanently or temporarily as a place of abode, including an appurtenant structure attached to that structure or shelter." Quarles argues that the term "shelter" could include places such as a "tree ... a vehicle, boat, outcropping of rock, cave, bus stop, or a suspended tarp" that "are not buildings or structures." This argument fails.2
The Supreme Court has explained that "to find that a state statute creates a crime outside the generic definition of a listed crime in a federal statute requires more than the application of legal imagination to a state statute's language." Gonzales v. Duenas–Alvarez , 549 U.S. 183, 193, 127 S.Ct. 815, 166 L.Ed.2d 683 (2007). In order to succeed, the defendant must show "a realistic probability, not a theoretical possibility, that the State would apply its statute to conduct that falls outside the generic definition of a crime." Id . In this case, Quarles offers only hypothetical arguments.
The main reason that Quarles can point only to hypothetical arguments rather than concrete examples is because the plain language of Michigan's third-degree home invasion statute is narrow. The American Heritage Dictionary defines shelter as "something, especially a structure, that provides cover or protection, as from the weather." While this definition does provide room for broad application, the Michigan statute limits shelter to only those that are "used permanently or temporarily as a place of abode." Mich. Comp. Laws § 750.110a(1)(a). The American Heritage Dictionary defines abode as "a dwelling place; a home." With this limitation, it would be a stretch, rather than a realistic probability, that a tree, vehicle, boat, outcropping of rock, cave, bus stop, or suspended tarp would be considered a "home." Furthermore, the claim that the Michigan legislature intended to encompass a broad range of places is undercut by the fact that when the legislature intended to include those places, they were expressly incorporated. For example, Michigan Compiled Laws § 750.110(1) states:
A person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car is guilty of a felony punishable by imprisonment for not more than 10 years.
See, e.g., United States v. Ritchey , 840 F.3d 310, 318 (6th Cir. 2016) ().3
Therefore, we hold this statute's use of the term "dwelling" does not encompass more areas than "building or structures" found in Taylor .
An alternative way of committing third-degree home invasion is to break and enter a dwelling and, at any time while entering, present in, or exiting the dwelling, commit a misdemeanor. See Mich. Comp. Laws § 750.110a(4)(a). Quarles argues that this alternative "does not qualify as generic burglary" because it "does not necessarily have an intent-at-entry element."
The...
To continue reading
Request your trial
-
United States v. Stitt
...proscribes breaking and entering a dwelling with the intent to commit a crime, constitutes generic burglary. United States v. Quarles , 850 F.3d 836, 840 (6th Cir. 2017). However, in doing so, we explained that "it would be a stretch, rather than a realistic probability, that a tree, vehicl......
-
Cartwright v. United States
...conducted full de novo review of a question because previous circuit decisions on the question were issued before Descamps . 850 F.3d 836, 839 (6th Cir. 2017). See also United States v. Mitchell , 743 F.3d 1054, 1059–60 (6th Cir. 2014) (faulting previous unpublished opinions for failing to ......
-
United States v. Islas-Saucedo
...903 F.3d 517See Petition for Writ of Certiorari, Herrold , 883 F.3d 517 (No. 17-1445); see also Petition for Writ of Certiorari, Quarles , 850 F.3d 836 (No. 17-778). To preserve its position, the Government challenges our holding in Herrold by arguing that Islas-Saucedo was properly subject......
-
Quarles v. United States
...in a dwelling. The District Court rejected that argument and sentenced Quarles to 17 years in prison. The Sixth Circuit affirmed. 850 F. 3d 836, 840 (2017). We granted certiorari in light of a Circuit split on the question of how to assess state remaining-in burglary statutes for purposes o......