In a published decision, the Sixth Circuit confirmed that a conviction for aggravated burglary in Tennessee matches the generic definition of a burglary offense, and thus, qualifies as a violent felony under the Armed Career Criminal Act (ACCA).  For immigration purposes, a conviction for this crime will very likely qualify as a burglary aggravated felony in the immigration context if accompanied by a sentence of at least one year.  

With respect to Tennessee's burglary statute, the court determined that the statute is divisible with respect to whether it matches the generic definition of a burglary because one of the subsections of the statute criminalizes burglary of non-buildings, such as vehicles and motor boats.  This subsection does not match the generic definition of a burglary offense.  Because the petitioner was convicted under one of the subsections involving a building, his conviction matched the generic definition of a burglary offense, and qualified as a violent felony under the ACCA.  Again, a conviction under this statute will likely be considered overbroad but divisible when analyzing whether it qualifies a burglary aggravated felony in the immigration context.

Finally, with respect to a conviction for robbery in Tennessee, the court confirmed that the statute qualified as a violent felony under the "use of force" prong in the ACCA.  This prong is nearly identical to the definition of a crime of violent found in 18 USC 16(a), and thus, a conviction for robbery in Tennessee, if accompanied by a sentence of at least one year, will likely be considered a crime of violence aggravated felony for immigration purposes.

The full text of United States v. Priddy can be found here: http://www.ca6.uscourts.gov/opinions.pdf/15a0292p-06.pdf

Comment