Jason Daniel Sims was convicted of having an unlawful firearm from a home break in after having committed previous felonies

Jason Daniel Sims was convicted of having an unlawful firearm from a home break in after having committed previous felonies. He received a sentence of 210 months of imprisonment under the Armed Career Criminal Act (ACCA) that gives people who had prior at least 3 convictions in possessing firearms. Sims was sent to resentence because he had two burglaries under Arkansas residency, which are known to be categorized into ‘violent crimes.’ Sims stated that his two convictions in Arkansas were not classified under the ACCA because they fell outside the definition of ‘burglary” and were not violent felonies. Arkansas code states that residential structures in which a person lives on or are used as an overnight accommodation, whether the person is there or not, is considered burglary under the ACCA.
The court reaches the conclusion that residential burglaries under vehicles do not qualify as burglary under ACCA. The Arkansas residential crime code is broader than ‘generic burglary’ because of the covering of “overnight accommodation.” Therefore, Sims actions do not fall under the ACCA.
Issue: Whether burglary of nonpermanent or mobile structures that are used for overnight homes qualify as “burglary” under the Armed Career Criminal Act of 1984.
Decision: No, Court acknowledged that the Armed Career Criminals Act and Arkansas laws on burglaries do not give a specific answer to what types of burglaries are considered violent and generic.
Reason: The court responded that burglary of vehicles does not fall under ‘generic burglary.’ The Arkansas residential burglary statue applies only to vehicles that a person either lives in or is used for overnight accommodations (sleep). The court acknowledged that Arkansas burglary laws within Sims’s actions are lower than ‘generic burglary’ because he did not steal under an overnight or home accommodation. The court used United States v. Lamb ,which Wisconsin’s statute is almost the same as Arkansas’. Wisconsin’s statue criminalizes motor homes whether any person is living in it or not. Just as Arkansas, Wisconsin also defines burglary in a broader way than ‘generic burglary.’ It shows that even precedent cases were not significantly helpful to solve burglaries under home vehicles that fall under the ACCA. This could imply that burglaries may have now a lower or higher criminalization since burglaries of vehicles aren’t “violent felonies” as compared to drug offenses. The court and the states would have to edit their laws of burglaries which could cause changes to future crimes in “overnight accomodations.”

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