Tyquez Ursery v. United States
Environmental SocialSecurity Immigration
Does Tennessee's aggravated burglary statute qualify as a 'generic burglary' under the Armed Career Criminal Act?
QUESTIONS PRESENTED The questions presented are: 1. Does Tennessee’s aggravated burglary statute, which defines “entry” so broadly as to encompass mere attempted burglary, qualify as a “generic burglary” under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (the “ACCA”)? Does the Sixth Circuit’s decision holding that Tennessee burglary does qualify conflict with James v. United States, 550 U.S. 192, 200 (2007)? 2. Was the Sixth Circuit’s decision in United States v. Gloss, 661 F.3d 317 (6th Cir. 2011) wrongly decided and were Mr. Ursery’s facilitation convictions wrongly deemed ACCA “violent felony” predicate offenses? 3. Should Mr. Ursery’s two facilitation of attempted especially aggravated robbery convictions should count as separate ACCA predicate offenses even when that requires reliance on non-elemental facts? ii