U.S. v. Edwards

In separate sentencing hearings, Dist. Ct. erred in applying enhanced base offense level under section 2K2.1(a) of USSG, based upon defendants’ prior Wisconsin burglary convictions that Dist. Ct. had deemed to be qualifying “crimes of violence.” Guidelines included in definition of “crime of violence” any offense under federal or state law that pertained to burglary of dwelling, and relevant Wisconsin burglary statute defined burglary offense more broadly to include acts that were outside of burglary offense contained in Guidelines. Moreover, under Mathis, 136 S. Ct. 2243, Dist. Ct. erred in reviewing charging documents of defendants to determine whether defendants’ offenses fell within definition of burglary under Guidelines because text and structure of Wisconsin burglary statute listed alternative “means” rather than “elements” to said offense, which rendered Wisconsin burglary statute indivisible. As such, defendants’ Wisconsin burglary convictions could not serve as predicate offense for enhancement under section 2K2.1(a).