shepard argued november decided march petitioner shepard pleaded guilty felon possession firearm violation government sought increase sentence maximum minimum popularly known armed career criminal act acca mandates felons three prior convictions violent felonies drug offenses shepard predicate felonies massachusetts burglary convictions entered upon guilty pleas held generic burglary meaning among things committed building enclosed space violent crime acca taylor sentencing acca look statutory elements charging documents jury instructions determine whether earlier conviction jury trial generic burglary like massachusetts broader burglary definitions refusing consider minimum district found taylor investigation show shepard three generic burglary convictions rejected government argument examine police reports complaint applications determining whether shepard guilty pleas admitted supported generic burglary convictions first circuit vacated ruling reports applications considered remand district declined impose enhanced sentence first circuit vacated held judgment reversed case remanded reversed remanded justice souter delivered opinion except part iii concluding enquiry acca determine whether guilty plea burglary nongeneric statute necessarily admitted elements generic offense limited terms charging document terms plea agreement transcript colloquy judge defendant defendant confirmed factual basis plea comparable judicial record information guilty pleas may establish acca predicate offenses taylor reasoning controls identification generic convictions following pleas well convictions verdicts nongeneric offenses acca nowhere provides convictions tried pleaded cases regarded differently nothing taylor rationale limits prior jury convictions must find right analogs applying taylor pleaded cases taylor drew pragmatic conclusion best way identify generic convictions jury cases cases tried without jury closest analogs jury instructions judge formal ruling law finding fact pleaded cases statement factual basis charge shown transcript plea colloquy written plea agreement presented record comparable findings fact adopted defendant upon entering plea later generally tell material whether prior plea necessarily rested fact identifying burglary generic taylor supra government arguments wider evidentiary cast includes documents submitted lower courts even prior charges amount call ease away taylor conclusion respect congressional intent avoidance collateral trials require confining generic conviction evidence convicting records approaching certainty record conviction generic crime state heart taylor decision justification upsetting precedent dealing statutory interpretation congress nearly years since taylor taken action modify statute pp justice souter joined justice stevens justice scalia justice ginsburg concluded part iii rule jones apprendi new jersey line cases fact prior conviction sufficient raise limit possible federal sentence must found jury absent waiver defendant also relevant acca sentencing nongeneric state fact necessary show generic crime established record conviction generic state judicial finding disputed prior conviction made authority instead sentencing judge considering acca enhancement government view make disputed finding fact defendant state judge must understood prior plea factual basis dispute raises concern underlying jones apprendi sixth fourteenth amendments guarantee jury standing defendant power state guarantee jury finding disputed fact essential increase potential sentence ceiling disputed fact far removed conclusive significance prior judicial record much like findings subject jones apprendi say clearly authorizes judge resolve dispute rule reading statutes avoid serious risks unconstitutionality therefore counsels limit scope judicial factfinding disputed generic character prior plea pp justice thomas agreed broaden scope evidence judges may consider taylor give rise constitutional error constitutional doubt taylor permit judicial factfinding concerns prior convictions eroded subsequent sixth amendment jurisprudence pp souter delivered opinion except part iii stevens scalia ginsburg joined opinion full thomas joined except part iii thomas filed opinion concurring part concurring judgment filed dissenting opinion kennedy breyer joined rehnquist took part decision case reginald shepard petitioner writ certiorari appeals first circuit march justice souter delivered opinion except part iii title ed supp ii popularly known armed career criminal act acca mandates minimum prison sentence anyone possessing firearm three prior convictions serious drug offenses violent felonies act makes burglary violent felony committed building enclosed space generic burglary boat motor vehicle taylor held sentencing acca look statutory elements charging documents jury instructions determine whether earlier conviction trial generic burglary question whether sentencing look police reports complaint applications determine whether earlier guilty plea necessarily admitted supported conviction generic burglary hold may later determining character ted burglary generally limited examining statutory definition charging document written plea agreement transcript plea colloquy explicit factual finding trial judge defendant assented petitioner reginald shepard indicted barring felons possessing firearm pleaded guilty sentencing government claimed shepard prior convictions raised sentencing range months sentencing guidelines minimum required pointing four prior convictions entered upon shepard pleas guilty one massachusetts two burglary whereas government said conviction represented predicate acca offense generic burglary district ruled taylor barred counting prior convictions predicates mandatory minimum supp mass taylor read listing burglary predicate violent felony acca refer called generic burglary unlawful unprivileged entry remaining building structure intent commit crime statutes like massachusetts define burglary broadly extending entries boats cars consider later sentencing acca might tell whether prior burglary conviction generic held acca generally prohibits later delving particular facts disclosed record conviction thus leaving normally look fact conviction statutory definition prior offense recognized exception categorical approach narrow range cases jury state broader definition burglary actually required find elements generic offense ibid held exception applicable indictment information jury instructions show defendant charged burglary building jury necessarily find entry building convict ibid might conviction nongeneric burglary statute qualify acca predicate case offenses charged state complaints broader generic burglary course jury instructions might narrowed charges generic limit government nonetheless urged district examine reports submitted police applications issuance complaints way telling whether shepard guilty pleas went generic burglaries notwithstanding broader descriptions offenses complaints descriptions tracked expansive definition massachusetts law concluded taylor forbade investigation within taylor limits failed show shepard three generic burglary convictions accordingly refused consider mandatory minimum though sentence shepard somewhat standard level sentencing guidelines ground criminal history category guidelines justice ample criminal record appeal first circuit following earlier decision harris vacated sentence ruled complaint applications police reports may count sufficiently reliable evidence determining whether defendant plea guilty constitutes admission generically violent crime shepard prior convictions remanded case district determine whether sufficiently reliable evidence government defendant shared belief defendant pleading guilty generically violent crime district declined impose mandatory minimum even though government supplemented earlier submission police reports complaint applications two additional burglary convictions district judge noted account occurred prior plea hearings came affidavit submitted shepard stated none details th police reports ever mentioned pleas reports never read judge plea colloquy time ever asked information contained eports true supp mass shepard swore respect report admit truth information contained eport part plea never admitted facts alleged report internal quotation marks omitted based district found government failed carry burden demonstrate shepard pleaded three generic burglaries appeals vacated sentence observing shepard never seriously disputed fact break buildings described police reports complaint applications rejected district conclusion government shown requisite predicate offenses minimum sentence case remanded instructions impose sentence granted certiorari address divergent decisions courts appeals applying taylor prior convictions stem guilty pleas jury verdicts reverse ii agree first circuit every appeals speak matter guilty pleas may establish acca predicate offenses taylor reasoning controls identification generic convictions following pleas well convictions verdicts nongeneric offenses see citing cases shepard wisely refrains challenging position acca nowhere provides convictions tried pleaded cases regarded differently drops hint congress contemplated different standards establishing fact prior convictions turning basis trial plea nothing effect suggested language imposing categorical approach refers predicate offenses terms prior conduct prior convictions element crimes taylor citing act legislative history reveal lesser congressional preference categorical distinct approach recognizing acca predicates cases resolved plea taylor certainly practical difficulties potential unfairness factual approach daunting less pleaded litigated cases finally nothing taylor rationale limits prior jury convictions discussion practical difficulties inherent looking underlying circumstances spoke specifically cases defendant pleaded guilty often record underlying facts ibid job find right analogs applying taylor rule pleaded cases taylor drew pragmatic conclusion best way identify generic convictions jury cases respecting congress adoption categorical criterion avoids subsequent evidentiary enquiries factual basis earlier conviction held generic burglary identified referring charging documents filed conviction recorded judicial acts limiting convictions generic category giving instruction jury however purport limit adequate judicial record evidence strictly charges instructions discussing use documents example since conviction might follow trial judge alone plea guilty cases tried without jury closest analogs jury instructions judge formal rulings law findings fact pleaded cases statement factual basis charge fed rule crim proc shown transcript plea colloquy written plea agreement presented record comparable findings fact adopted defendant upon entering material pleaded case later generally tell whether plea necessarily rested fact identifying burglary generic taylor supra details instructions support conclusion jury case details generically limited charging document sort case government argues wider evidentiary cast however going beyond conclusive records made used adjudicating guilt looking documents submitted lower courts even prior charges argues considering police report submitted local grounds issuing complaint nongeneric statute report alleges facts satisfy elements generic statute report suffice show later plea conviction predicate offense acca reason concern unavailable witnesses stale memories government points limited enquiry consistent taylor underlying purpose examining charging paper jury instructions endorsed taylor determine nature offense petitioner convicted rather determine actually brief government stresses three points first says accommodating view evidence competent prove plea generic offense yield reliable conclusions although records shepard pleas notations dmit ted suff icient facts necessarily show admitted entering buildings structures true generic burglary statute charge police reports suffice show record admitting sufficient facts plausibly rested petitioner entry building second government pulls little closer taylor demand certainty identifying generic offense emphasizing records prior convictions used case instance free inconsistent competing evidence pivotal issue fact separating generic nongeneric burglary nothing record indicate petitioner pleaded guilty based entering ship vehicle occasions issue brief finally government supports call inclusive standard competent evidence invoking virtue nationwide application federal statute unaffected idiosyncrasies record keeping particular state bar review documents like police reports complaint applications often make acca sentencing enhancement hinge happenstance state practices vagaries state prosecutors charging practices brief opposition internal quotation marks omitted point however government position raises uncomfortable implication every one arguments pressed favor enquiry beyond taylor allows jury conviction follows nongeneric instructions therefore much menace taylor justification expansive approach showing whether guilty plea admitted generic crime transcript jury trial showed testimony building break one say jury verdict rested finding effect trial record showed evidence felonious entrance anything building structure odds offense actually committed generic burglary turf accountant dream significant vagaries abbreviated plea records limit application acca significance less disputed predicate conviction followed jury trial stenographic notes charge thrown away government position thus amounts call ease away taylor conclusion respect congressional intent avoidance collateral trials require evidence generic conviction confined records convicting approaching certainty record conviction generic crime state limitation heart decision taylor government position however sufficient justification upsetting precedent dealing issue statutory interpretation see taylor considerations stare decisis special force area statutory interpretation unlike context constitutional interpretation legislative power implicated congress remains free alter done instance time enhanced even usual precedential force nearly years passed since taylor came without action congress modify statute subject understanding allowed restricted look beyond record conviction nongeneric iii developments law since taylor since first circuit decision harris provide reason adhere demanding requirement sentence acca rest showing prior conviction necessarily involved prior plea necessarily admitted facts equating generic burglary taylor indeed prescient discussion problems follow allowing broader evidentiary enquiry sentencing conclude review record defendant convicted nongeneric burglary statute actually committed generic burglary defendant challenge conclusion abridging right jury trial taylor supra thus anticipated rule later imposed sake preserving sixth amendment right fact prior conviction sufficient raise limit possible federal sentence must found jury absence waiver rights defendant jones see also apprendi new jersey government dismisses relevance implementation jury right describing determination necessary apply acca involv ing assessment state already find order find defendant guilty brief quoting taylor supra simple problem state debatable nongeneric state fact necessary show generic crime established record conviction generic state judicial finding disputed prior conviction made authority state statute requires finding generic burglary without charging document narrows charge generic limits certainty generic finding lies jury instructions bench trial findings rulings pleaded case defendant admissions accepted findings fact confirming factual basis valid plea particular pleaded case record silent generic element plea agreement recorded colloquy shepard admitted generic fact instead sentencing judge considering acca enhancement government view make disputed finding fact defendant state judge must understood factual basis prior plea dispute raises concern underlying jones apprendi sixth fourteenth amendments guarantee jury standing defendant power state guarantee jury finding disputed fact essential increase ceiling potential sentence disputed fact described fact prior conviction far removed conclusive significance prior judicial record much like findings subject jones apprendi say clearly authorizes judge resolve dispute rule reading statutes avoid serious risks unconstitutionality see jones supra therefore counsels us limit scope judicial factfinding disputed generic character prior plea taylor constrained judicial findings generic implication jury iv hold enquiry acca determine whether plea guilty burglary defined nongeneric statute necessarily admitted elements generic offense limited terms charging document terms plea agreement transcript colloquy judge defendant factual basis plea confirmed defendant comparable judicial record information judgment appeals reversed case remanded proceedings ordered chief justice took part decision case reginald shepard petitioner writ certiorari appeals first circuit march justice thomas concurring part concurring judgment apprendi new jersey progeny prohibit judges mak ing finding raises defendant sentence beyond sentence lawfully imposed reference facts found jury admitted defendant booker slip thomas dissenting part yet armed career criminal act supp ii permits case petitioner reginald shepard pleaded guilty felon possession firearm violation exposed maximum sentence years federal sentencing guidelines range months however supp ii mandated minimum sentence shepard three previous convictions violent felony serious drug offense shepard never conceded prior convictions qualify violent felonies serious drug offenses even appeals resolved contested factual matter ordering district impose enhancement remand constitutional infirmity applied shepard makes today decision unnecessary exercise nevertheless plurality today refines rule taylor instructs district courts evidence may consider determining whether prior state convictions predicate offenses taylor today decision thus explain lower courts conduct factfinding according logic intervening precedents unconstitutional case need refinement taylor endures yet reconsidered draws exception apprendi line cases judicial factfinding concerns defendant prior convictions see apprendi supra like taylor eroded subsequent sixth amendment jurisprudence majority recognizes wrongly decided see thomas dissenting view broadening evidence judges may consider finding facts taylor permitting sentencing courts look beyond charging papers jury instructions plea agreements assortment documents complaint applications police reports give rise constitutional doubt plurality believes see ante give rise constitutional error less limited factfinding taylor rule permits reason well set forth parts ii iv opinion correctly declines broaden scope evidence judges may consider taylor factfinding procedure rejects gives rise constitutional error doubt join part iii opinion reginald shepard petitioner writ certiorari appeals first circuit march justice justice kennedy justice breyer join dissenting today adopts rule compelled statute precedent makes little sense practical matter substantially frustrate congress scheme punishing repeat violent offenders violate federal gun laws willing acknowledge petitioner prior state burglary convictions occurred involved unpermitted entries intent commit felonies refuses accept one additional commonsense inference based substantial documentation without evidence contrary petitioner punished entries buildings petitioner reginald shepard never actually denied prior crimes issue burglaries buildings denied pleading guilty crimes understood accepting punishment burglarizing buildings instead seeking benefit unavailability certain old records minor ambiguity prior crimes charging documents petitioner asks us foreclose resort clear uncontradicted background documents gave rise supported earlier convictions acquiesces wish instructs federal courts ignore narrowest evidence regarding armed career criminal act defendant prior guilty pleas respectfully dissent armed career criminal act acca mandates minimum sentence certain federal firearms violations defendant three prior convictions violent felony defining violent felonies purpose congress specified term includes crime punishable one year imprisonment burglary arson extortion involves use explosives otherwise involves conduct presents serious potential risk physical injury another ii held taylor statute use term burglary meant encompass described generic burglary crime three elements unlawful unprivileged entry remaining ii building structure iii intent commit crime left problem determine whether defendant past conviction qualified conviction generic burglary formalistic approach find acca requirement satisfied statute defendant convicted one limited generic burglary taylor wisely declined follow course statutes like massachusetts missouri taylor use prosecute generic burglary overbroad acca purposes limited generic burglary also punish nongeneric kind restricting sentencing inquiry face statute frustrated purposes acca allowing violent recidivists convicted federal gun crimes escape acca heightened punishment based solely fortuity committed previous crimes instead taylor adopted pragmatic approach ante majority opinion every statute punishes certain set criminalized actions problem burglary statutes purposes acca overinclusive taylor permitted federal go beyond mere fact conviction determine using sources whether defendant prior crime subset statutory crime qualifying generic burglary example defendant prior conviction occurred jury trial taylor instructed federal review indictment information jury instructions earlier conviction see whether required jury find elements generic burglary order convict recognizes however taylor use one example purport exhaustive see ante see also harris breyer rather taylor left room courts determine reliable simple sources might aid determining whether defendant fact convicted generic burglary identifies several sources sentencing judge may consult acca charging document written plea agreement transcript plea colloquy explicit factual finding trial judge defendant assented ante expand list include uncontradicted internally consistent parts record earlier conviction include two sources first circuit relied upon case shepard four prior convictions occurred guilty pleas charges massachusetts two burglary statutes statutes punish hoever breaks enters building ship vessel vehicle intent commit felony mass laws ch west emphasis added see also criminal complaints used charging documents convictions issue specify shepard offenses involved building instead closely copied inclusive language appropriate statute complaints evidence factual basis shepard guilty pleas agree majority way know whether convictions burglarizing building government additional evidence convictions government applications police secured criminal complaints police reports attached applications documents decisively show shepard illegal act prior conviction act entering building moreover make inescapable conclusion guilty plea shepard understood admitting crime breaking building consider instance first burglary conviction issue complaint conviction alleged may shepard break enter night time building ship vessel vehicle property jerri cothran intent commit felony therein violation app place offense alleged harlem complaint contained cc majority us stop since statute charging document name burglary building ship vessel vehicle majority concludes way tell whether massachusetts punished shepard transgressing laws burglarizing building burglarizing vehicle ship vessel although majority also allow look shepard written plea agreement transcript plea proceedings items longer available shepard case since massachusetts apparently seen little need preserve miscellany convictions look well additional portions record plea complaint application police report complaint application lists statute describes abbreviated form offense names victim address contains reference number though differently hyphenated complaint addition application specifies relevant property meaning goods stolen destroyed etc cellar door police report also names victim date place offense contains reference number two documents gives substantially detail massachusetts began criminal proceedings shepard esponded radio call harlem progress arrival observed cellar door rear broken spoke victim stated approx heard noises downstairs observed suspect pantry three points need made relationship complaint whose use majority finds completely unobjectionable application police report also consider first documents concern crime second three documents entirely consistent nothing casts doubt veracity others finally importantly common understanding behind three documents whatever range conduct punishable state statute defendant prosecuted burglary building see compelling inference plea complaint complaint embodied events described application police report case file certainly evidence record contradicting understanding notably throughout proceedings shepard never denied four guilty pleas issue involved breaking buildings denied contemporaneous understanding plea result admission punished broken building federal sentencing hearings shepard submit affidavit prior convictions affidavit carefully dances around key issues shepard actually run afoul law thought substance guilty plea rather affidavit focuses judge said shepard hearing shepard said response even regard affidavit strangely ambiguous discussing first conviction instance affidavit judge took plea read police report shepard ask whether information contained report true app see also ibid admit truth information contained report part plea never admitted facts alleged reports true affidavit statements three prior convictions similar statements taken shepard denial ever asked ever admitted specific facts crime happen mentioned police reports facts like date place offense whether entered cellar door proceeded pantry believe presume four massachusetts courts violated duty state law ensure factual basis shepard plea massachusetts defendant choice plead guilty alone support conviction defendant guilt fact must established commonwealth delverde mass result even defendant admits crime open may convict unless sufficient facts record establish element offense see also commonwealth colon mass guilty plea requires admission facts blumenson fisher kanstroom massachusetts criminal practice usually accomplished recitation either grand jury minutes police reports defendant admissions plea trial evidence also support factual basis omitted cf commonwealth forde mass conviction based uncorroborated confession rather must evidence crime real imaginary thus unlikely shepard really intended affidavit statement none various facts found police reports ever admitted discussed presence guilty pleas likely shepard attorney carefully phrased affidavit admit different meaning plea courts never asked shepard never answered precise question police report says true fail see relevant long shepard understood pleading guilty agreeing punished building subject entire proceeding may scenarios result charge bargaining instance due unexpected twists investigation defendant guilty plea premised substantially different facts basis original police investigation case defendant might well confused practical meaning admission guilt cf taylor guilty plea lesser nonburglary offense result plea bargain seem unfair impose sentence enhancement defendant pleaded guilty burglary claim circumstances signs everyone involved prior plea judge prosecutor defense lawyer shepard understood plea shepard admission broken building police caught given police report allegation shepard burglarized building strains credulity beyond breaking point assert case shepard actually prosecuted pleaded guilty burglarizing ship car lower surely right detect air shepard case majority rule forces federal sentencing feign agnosticism clearly knowable facts squared acca twin goals incapacitating repeat violent offenders consistently notwithstanding peculiarities state law cf taylor supra terms fundamental fairness act ensure extent consistent prerogatives defining offenses type conduct punishable federal level quoting overscrupulous regard formality leads absurd result also result congress plainly hoped avoid ii gives two principal reasons today ruling adherence decision taylor constitutional concerns defendant right jury trial first hardly convincing noted taylor set rule guilty pleas list sources sentencing consider intended exhaustive supra first circuit disposition case therefore direct conflict taylor conflict spirit taylor taylor part air ness defendants nothing unfair great deal positively recognizing acting upon plain uncontradicted evidence defendant entering prior plea knew prosecuted pleading guilty burglary building taylor also sought avoid impracticality featuring opposing witnesses perusing lengthy transcripts prior proceedings problem presents case government proposed using small documentary record behind shepard pleas documents relate facts shepard dispute shepard indicated desire submit counterevidence issue central taylor need effectuate congress categorical approach sentencing recidivist federal offenders approach responds reality defendant prior crimes rather happenstance crimes labeled state law rather promote goal majority opinion today injects new element arbitrariness acca defendant sentence depend peculiarities statutes particular use prosecute generic burglary also whether record retention policies happen preserve musty written plea agreement recordings plea colloqu ies ancillary convictions ante words respect critical issue majority rule consistent taylor strongly suspect driving force behind today decision taylor rather evelopments law since taylor ante majority defends rule necessary avoid result might otherwise unconstitutional apprendi new jersey related cases ante plurality opinion ante thomas concurring part concurring judgment criticized line cases beginning need repeat reasoning see dissenting opinion ring arizona dissenting opinion blakely washington slip dissenting opinion see also jones kennedy dissenting blakely supra slip breyer dissenting booker slip breyer dissenting battle lost one thing majority apply apprendi rule within rule bounds quite another extend rule new territory apprendi succeeding cases expressly consistently disclaimed yet today decision reads apprendi cast shadow possibly implicating recidivism determinations safe formalism see blakely supra slip fact prior conviction fact increases penalty crime beyond prescribed statutory maximum must submitted jury proved beyond reasonable emphasis added quoting apprendi supra see also booker supra slip opinion stevens similar even world understand today case raises reasonable constitutional concern contrary case presents especially good reasons respecting congress long tradition treating recidivism sentencing factor determined judge rather substantive offense element determined jury first shepard prior convictions established procedures satisfying fair notice reasonable doubt jury trial guarantees jones supra second recidivism determinations see supra burglary determination shepard case concerned extremely narrow issue relevant facts seriously contested see supra discussing shortcomings shepard affidavit finally today hint extending apprendi rule issue acca prior crimes surely favors future defendants shepard shoes acca defendants future go trial rather plead guilty majority ruling effect invites government prosecuting federal gun charge also prove jury defendant prior burglaries introduction evidence defendant prior crimes risks significant prejudice prejudice likely especially strong acca cases relevant prior crimes definition violent short whatever merits apprendi doctrine doctrine currently bear extended bear determinations defendant past crimes like acca predicates issue shepard case plurality concern constitutional doubt ante justice thomas concern constitutional error ante therefore misplaced reasons explained find first circuit properly established applicability acca sentence looking complaint applications police reports prior convictions concludes otherwise respectfully dissent footnotes government initially cited fifth prior burglary conviction failing obtain adequate documentation conviction government focused four although taylor involved prior burglaries case holding taylor covered predicate acca offenses several courts appeals taken similar view approving use documents bonat maness smith per curiam construing sentencing commission guidelines manual like government dissent allow district courts examine wider range documents approve today proposal consistent taylor government taylor clear enquiry beyond statute charging document must narrowly restricted implement object statute avoid evidentiary disputes case drew line allowing courts review documents showing jury necessarily find entry building convict see also ibid permitting sentencing look beyond state statute narrow range cases jury actually required find elements generic burglary say text certainly jury trials record documents like issue never introduced trial uncontradicted post opinion internally consistent evidence came dissent presumably permit examination documents taylor assuredly way reconcile dissent approach taylor say taylor prior convictions followed jury verdicts case prior conviction grew guilty plea see post taylor set rule guilty pleas taylor suggestion reasoning apply plea cases discussion practical difficulties specifically referred prior guilty pleas moreover noted see supra dissent nowhere disputes acca provides support distinction decline create distinction congress evidently desire draw taylor envision hard pressed explain dissent charges decision may portend extension apprendi new jersey proof prior convictions move occur surely favors future defendants shepard shoes post according dissent government bearing burden proving defendant prior burglaries jury right introduce evidence burglaries trial threaten severe prejudice defendant future show whether dissent good prophesy dissent apprehensiveness resolved right dissent turns right apprendi reach defendant feels risk prejudice high waive right jury decide questions prior convictions