U.S. v. Franklin

Dist. Ct. did not err in sentencing defendants to mandatory minimum 15-year terms of incarceration on firearm charges, after finding that defendants qualified for said sentences based on their prior Wisconsin burglary convictions, which qualified as violent felonies under Armed Career Criminal Act (ACCA). While defendants argued that said burglaries were not violent felonies because Wisconsin burglary statute was broader than generic crime of burglary under ACCA, Ct. of Appeals found that said convictions qualified as violent felonies, where: (1) subsection (a) of Wisconsin burglary statute (section 943.10(1m) is divisible from other sections of said statute; and (2) under modified categorical approach, defendants’ convictions under section 943.10(1m)(a) for burglaries of buildings or dwellings fell within definition of generic burglary as set forth in Taylor, 495 U.S. 575.