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United States v. Quarles

United States Court of Appeals, Sixth Circuit

March 10, 2017

United States of America, Plaintiff-Appellee,
v.
Jamar Alonzo Quarles, Defendant-Appellant.

         Appeal from the United States District Court for the Western District of Michigan at Grand Rapids. No. 1:14-cr-00029-Robert J. Jonker, Chief District Judge.

         COUNSEL

         ON BRIEF:

          Paul L. Nelson, Jasna Tosic for Appellant.

          Sean M. Lewis for Appellee.

          Before: SILER, MOORE, and GRIFFIN, Circuit Judges.

          OPINION

          SILER, Circuit Judge.

         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]

         FACTUAL AND PROCEDURAL BACKGROUND

         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, 135 S.Ct. 2551 (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.

         DISCUSSION

         I. Quarles's Johnson Claim

         a. Standard of Review

         We review de novo whether a prior conviction qualifies as a "violent felony" under the ACCA. United States v. Mitchell, 7 ...


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