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U.S. v. STITT

No. 14-6158.

860 F.3d 854 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Victor J. STITT, II, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 27, 2017.

Attorney(s) appearing for the Case

ON SUPPLEMENTAL BRIEF: Timothy C. Ivey , FEDERAL PUBLIC DEFENDER'S OFFICE, Cleveland, Ohio, for Appellant. Terra L. Bay , UNITED STATES ATTORNEY'S OFFICE, Chattanooga, Tennessee, Debra A. Breneman , UNITED STATES ATTORNEY'S OFFICE, Knoxville, Tennessee, for Appellee.

COOK, J., delivered the opinion of the court in which COLE, C.J., and BOGGS, BATCHELDER, MOORE, GRIFFIN, WHITE, STRANCH, and DONALD, JJ., joined. BOGGS, J. (pp. 863-71), delivered a separate concurring opinion in which BATCHELDER, MOORE, WHITE, and STRANCH, JJ., joined. WHITE, J. (pp. 871-76), delivered a separate concurring opinion in which BATCHELDER, MOORE, and STRANCH, JJ., joined. SUTTON, J. (pp. 876-81), delivered a separate dissenting opinion in which CLAY, GIBBONS, ROGERS, McKEAGUE, and KETHLEDGE, joined.

OPINION

In 2007, we held that a conviction under Tennessee's aggravated-burglary statute, Tenn. Code Ann. § 39-14-403, categorically qualifies as an enumerated "violent felony" that triggers a sentencing enhancement under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e). United States v. Nance...

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