Judges: Per Curiam
Filed: Feb. 21, 2018
Latest Update: Mar. 03, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 21, 2018* Decided February 21, 2018 Before FRANK H. EASTERBROOK, Circuit Judge MICHAEL S. KANNE, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge No. 16-3886 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Southern District of Indiana, Indianapolis Division. v. No.
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 21, 2018* Decided February 21, 2018 Before FRANK H. EASTERBROOK, Circuit Judge MICHAEL S. KANNE, Circuit Judge ILANA DIAMOND ROVNER, Circuit Judge No. 16-3886 UNITED STATES OF AMERICA, Appeal from the United States District Plaintiff-Appellee, Court for the Southern District of Indiana, Indianapolis Division. v. No. ..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 21, 2018*
Decided February 21, 2018
Before
FRANK H. EASTERBROOK, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
ILANA DIAMOND ROVNER, Circuit Judge
No. 16‐3886
UNITED STATES OF AMERICA, Appeal from the United States District
Plaintiff‐Appellee, Court for the Southern District of
Indiana, Indianapolis Division.
v.
No. 1:15‐CR‐00189‐001
MATTHEW YORK,
Defendant‐Appellant. Tanya Walton Pratt,
Judge.
O R D E R
Matthew York pleaded guilty to possessing a firearm after a felony conviction,
see 18 U.S.C. § 922(g)(1), and was sentenced to 180 months’ imprisonment. In calculating
his sentence, the district court found that York’s three prior convictions for Indiana
burglary qualified as violent felonies under the Armed Career Criminal Act, requiring a
minimum sentence of 15 years’ imprisonment. See 18 U.S.C. § 924(e). York appealed,
arguing that Indiana burglary does not qualify as a violent felony because, he contends,
* We have agreed to decide this case without oral argument because the issues have
been authoritatively decided. See FED. R. APP. P. 34(a)(2)(B).
No. 16‐3886 Page 2
it is broader than the generic definition of burglary referred to in the ACCA. But we
recently rejected his argument in United States v. Perry, 862 F.3d 620 (7th Cir. 2017),
petition for cert. filed (U.S. Nov. 2, 2017) (17‐6681), so we affirm.
The ACCA defines a “violent felony,” in relevant part, as a felony “that…is
burglary.” Id. § 924(e)(2)(B)(ii). The term “burglary” in this context refers to “generic”
burglary, which the Supreme Court has defined as “an unlawful or unprivileged entry
into, or remaining in, a building or other structure with intent to commit a crime.”
Taylor v. United States, 495 U.S. 575, 598 (1990). Indiana law defines basic burglary in
nearly identical terms: “break[ing] and enter[ing] the building or structure of another
person, with intent to commit a felony or theft in it.” IND. CODE § 35‐43‐2‐1. (Indiana
punishes burglaries more severely if additional factors are present, such as burglaries of
dwellings, those that result in injuries, or those that involve deadly weapons. See id.)
In Perry, this court applied the categorical approach to evaluating statutes, Mathis
v. United States, 136 S. Ct. 2243, 2248 (2016), and determined that basic Indiana burglary
does not “sweep[] more broadly” than generic burglary. Perry, 862 F.3d at 622–23
(quoting Descamps v. United States, 133 S. Ct. 2276, 2283 (2013)). Because the offenses
categorically matched each other, we deemed basic Indiana burglary convictions valid
predicate offenses under § 924(e)(2)(B)(ii). Id. at 624. We then relied on Perry in
United States v. Foster, —F.3d—, No. 17‐1703, 2017 WL 6168600 (7th Cir. 2017), to rule
that when an Indiana burglary conviction involves an additional factor, such as a
deadly weapon, see IND. CODE § 35‐43‐2‐1 (1986), it also qualifies as a violent felony. We
explained that the conviction required the same elements, plus a narrowing aggravating
element, as the Indiana burglary statute examined in Perry.
York pleaded guilty to illegal possession of a firearm under § 922(g)(1), and his
three prior convictions for Indiana burglary necessarily qualify as violent felonies under
this court’s precedent. His arguments characterizing the Indiana burglary statute as
overbroad have been rejected in Perry and Foster. And we are not persuaded that any
reason exists for revisiting our holding in either case.
AFFIRMED