Shepard v. Krueger

Federal 7th Circuit Court
Criminal Court
Sentencing
Citation
Case Number: 
No. 17-1362
Decision Date: 
December 26, 2018
Federal District: 
S.D. Ind., Terre Haute Div.
Holding: 
Affirmed

Dist. Ct. did not err in denying defendant’s section 2241 petition seeking to challenge his 15-year mandatory minimum sentence for drug and firearm offenses, where original Dist. Ct. in Kentucky had applied Armed Career Criminal Act (ACCA) enhancement based on defendant’s three Kentucky state-court convictions on charge of second-degree burglary. Under Malone, 889 F.3d 310, defendant’s second degree burglary convictions qualified as “generic burglaries” for purposes of applying  enhancement under ACCA, because said statute applied to buildings generally, and not to vehicles or watercraft. As such, defendant was properly sentenced under ACCA.