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James v. United States, 550 U.S. 192 (2007), is a decision by the Supreme Court of the United States that held that attempted burglary could serve as a predicate felony under the federal Armed Career Criminal Act (ACCA), which provided that a person convicted of being a felon in possession of a firearm with three prior convictions for either serious drug offenses or violent felonies must be ...
Taylor v. United States, 495 U.S. 575 (1990), was a U.S. Supreme Court decision that filled in an important gap in the federal criminal law of sentencing. The federal criminal code does not contain a definition of many crimes, including burglary, the crime at issue in this case.
A witness to the burglary contacted the local sheriff's office and implicated an 18 year old neighbor, Michael Elstad. Two officers went to Elstad's home with a warrant for his arrest. When the police entered the house and asked Elstad about the burglary he admitted to the burglary. The officers then escorted Elstad to the sheriff's headquarters.
The United States District Court for the Southern District of Indiana overruled his objection and re-imposed the 15-year sentence. [2] Erlinger appealed to the United States Court of Appeals for the Seventh Circuit, which affirmed his sentence, holding that the government was only required to prove the burglary question to the judge by a preponderance of the evidence, as opposed to beyond a ...
Laws applied Armed Career Criminal Act Stitt , 586 U.S. ___ (2018), was a United States Supreme Court case in which the court held that the term " burglary " in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
Second-degree burglary retains the common-law element of a dwelling, and first-degree burglary requires that the accused be in a dwelling and armed with a weapon or have intent to cause injury. [40] A related offense, criminal trespass, covers unlawful entry to buildings or premises without the intent to commit a crime, and is a misdemeanor or ...
May 7—LIMA — Juror deliberations started Tuesday in Allen County Common Pleas Court in the burglary trial of former basketball star Gregory E. Simpson. Prosecutors allege Simpson stole his ex ...
Terrance Jamar Graham (born January 6, 1987), along with two accomplices, attempted to rob a barbecue restaurant in Jacksonville, Florida in July 2003. [4] Aged 16 at the time, Graham was arrested for the robbery attempt and was charged as an adult for armed burglary with assault and battery, as well as attempted armed robbery.