U.S. Supreme Court - Categorical Approach

Quarles v. United States, 139 S. Ct 1872 (2019). Michigan third-degree home invasion is a violent felony under the ACCA. Generic “remaining-in” burglary under the ACCA includes circumstances where the defendant forms the intent to commit a crime at any time while unlawfully remaining in a building or structure.

United States v. Davis, 139 S.Ct. 2319 (2019). The residual clause at 18 U.S.C. § 924(c)(3)(B) is unconstitutionally vague.

Shular v. United States, 140 S. Ct. 779 (2020). The categorical approach applies to determining whether a prior conviction is a “serious drug offense” under the ACCA. Rather than compare the prior conviction to a generic offense, the court must compare the elements of the state offense to the conduct specified in ACCA’s controlled substance definition, which includes “the manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance offense.”

Training Topic: