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SHEPARD v. UNITED STATES

No. 03-9168.

544 U.S. 13 (2005)

SHEPARD v. UNITED STATES

Supreme Court of United States.

Decided March 7, 2005.

Attorney(s) appearing for the Case

Linda J. Thompson, by appointment of the Court, 543 U.S. 806, argued the cause for petitioner. With her on the briefs were John M. Thompson and Jeffrey T. Green.

John P. Elwood argued the cause for the United States. With him on the brief were Acting Solicitor General Clement, Assistant Attorney General Wray, and Deputy Solicitor General Dreeben.*

SOUTER, J., delivered an opinion, which was for the Court except as to Part III. STEVENS, SCALIA, and GINSBURG, JJ., joined that opinion in full, and THOMAS, J., joined except as to Part III. THOMAS, J., filed an opinion concurring in part and concurring in the judgment, p. 26. O'CONNOR, J., filed a dissenting opinion, in which KENNEDY and BREYER, JJ., joined, p. 28. REHNQUIST, C. J., took no part in the decision of the case.

JUSTICE SOUTER delivered the opinion of the Court, except as to Part III.

Title 18 U. S. C. § 924(e) (2000 ed. and Supp. II), popularly known as the Armed Career Criminal Act (ACCA), mandates a minimum 15-year prison sentence for anyone possessing a firearm after three prior convictions for serious drug offenses or violent felonies. The Act makes burglary a violent felony only if committed in a building or enclosed space...

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