Artavius Dontrell Smith v. United States
DueProcess Privacy JusticiabilityDoctri
Is Texas aggravated robbery a violent felony under the Armed Career Criminal Act?
QUESTIONS PRESENTED 1. Is Texas aggravated robbery—which can be committed by recklessly causing serious bodily injury to another person during the course of a theft—a violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924(e)? 2. Texas—like a small handful of other states—has expanded its definition of burglary to include the commission of any felony while trespassing, without requiring proof that the trespasser formed specific intent to commit that other crime. Is this a generic “burglary” offense for purposes of the ACCA? 3. To affirm Petitioner’s ACCA sentence, the Fifth Circuit relied upon two significant shifts in its own interpretation of that statute after he committed the instant offense. Did 18 U.S.C. § 924(e) provide fair warning to Petitioner? i