Dist. Ct. did not err in denying defendants' habeas petitions that challenged their 180-month terms of incarceration on firearm charges, where both sentences were based, in part, on finding that each defendant qualified as armed career criminal under Armed Career Criminal Act (ACCA) due, in part, to their Illinois convictions for residential burglary. While both defendants claimed that their convictions did not qualify as “generic burglaries” under ACCA because either mobile homes or trailers did not qualify as “structures,” Ct. of Appeals found that trailers and mobile homes are “structures” where trailers/mobile homes are used by people as dwellings that are covered by Ill. residential-burglary statute. As such, said offense qualified as generic burglary under section 924(e)(2)(B)(ii), and thus both defendants were properly sentenced as armed career criminals.
Federal 7th Circuit Court
Criminal Court
Sentencing