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.
L. Nelson, Jasna Tosic for Appellant.
M. Lewis for Appellee.
Before: SILER, MOORE, and GRIFFIN, Circuit Judges.
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.
AND PROCEDURAL BACKGROUND
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.
Quarles's Johnson Claim
Standard of Review
review de novo whether a prior conviction qualifies as a
"violent felony" under the ACCA. United States
v. Mitchell, 7 ...