U.S. v. Franklin

Ct. of Appeals certified question for resolution by Wisconsin Supreme Ct. as to whether different location subsections contained in Wisconsin burglary statute identify alternative elements of burglary, one of which jury must unanimously find beyond reasonable doubt to convict, or whether they merely identify alternative means of committing burglary. While original panel found that convictions under Wisconsin burglary statute involving structures/dwellings qualified as violent felonies for purposes of imposing enhanced sentences under Armed Career Criminal Act (ACCA) under modified categorical approach, defendants argued that said alternative locations merely identified alternative means of committing burglary so as to disqualify their convictions as violent felonies under ACCA.