Case law · Highest court · Federal

Shepard v. United States

Decided
March 7, 2005
Docket
03-9168
Status
Published
Jurisdiction
Federal

Cited 4,574 timesNo negative treatment found in this library

What later courts said

  • holding that government must show that "a prior conviction `necessarily' involved (and a prior plea necessarily admitted) facts equating to generic burglary" — Navarro-Lopez v. Gonzales (2007)
  • holding that government must show that “a prior conviction ‘necessarily’ involved (and a prior plea necessarily admitted) facts equating to generic burglary” — Navarro-Lopez v. Gonzales (2007)
  • holding that police reports and complaint applications could not be consulted in applying the modified approach — United States v. Rivers (2010)

Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.

How the opinion begins

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 vio [*16] lent felony only if committed in a building or enclosed space (“generic burglary”), not in a boat or motor vehicle. In Taylor v. United States, 495 U. S. 575 (1990), we held that a court sentencing under the ACCA could look to statutory elements, charging documents, and jury instructions to determine whether an earlier conviction after trial was for generic burglary. The question here is whether a sentencing court can look to police reports or complaint applications to determine whether an earlier guilty plea necessarily admitted, and supported a conviction for, generic burglary. We hold that it may not, and that a later court determining the character of an admitted burglary is generally limited to examining the statutory definition, charging document, written plea agreement, transcript of plea colloquy, and any explicit factual finding by the trial judge to which the defendant assented.

I

Statutes cited

Cite this

Shepard v. United States, 544 U.S. 13 (2005)

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