james
argued
november
decided
april
pleading
guilty
possessing
firearm
felony
conviction
violation
petitioner
james
admitted
three
prior
felony
convictions
listed
federal
indictment
including
florida
conviction
attempted
burglary
government
argued
sentencing
convictions
subjected
james
mandatory
minimum
prison
term
provided
armed
career
criminal
act
acca
armed
defendant
three
prior
violent
felony
convictions
james
objected
attempted
burglary
conviction
violent
felony
district
held
eleventh
circuit
affirmed
held
attempted
burglary
defined
florida
law
violent
felony
acca
pp
james
argument
acca
text
structure
categorically
exclude
attempt
offenses
rejected
pp
section
defines
violent
felony
crime
punishable
imprisonment
one
year
element
use
attempted
use
threatened
use
physical
force
another
ii
burglary
arson
extortion
involves
use
explosives
otherwise
involves
conduct
presents
serious
potential
risk
physical
injury
another
florida
law
defined
burglary
james
convicted
entering
remaining
structure
intent
commit
offense
therein
stat
declared
person
act
toward
commission
offense
fails
perpetration
execution
thereof
commits
offense
criminal
attempt
attempted
burglary
conviction
issue
punishable
imprisonment
exceeding
one
year
parties
agree
qualify
violent
felony
clause
one
specific
crimes
enumerated
clause
ii
example
burglary
meet
definition
generic
burglary
found
taylor
unlawful
unprivileged
entry
remaining
building
structure
intent
commit
crime
thus
question
whether
attempted
burglary
defined
florida
falls
within
clause
ii
residual
provision
crimes
otherwise
involv
conduct
presents
serious
potential
risk
physical
injury
another
pp
ii
acca
text
exclude
attempt
offenses
residual
provision
scope
james
claim
clause
express
inclusion
attempts
combined
clause
ii
failure
mention
demonstrates
intent
categorically
exclude
clause
ii
unduly
narrow
residual
provision
suggest
intent
exclude
attempts
otherwise
meet
statutory
criteria
see
chevron
echazabal
james
also
argues
avail
ejusdem
generis
canon
residual
provision
must
read
extend
completed
offenses
specifically
enumerated
offenses
burglary
arson
extortion
explosives
crimes
common
attribute
rather
relevant
common
attribute
enumerated
offenses
technically
crimes
person
nevertheless
create
significant
risks
bodily
injury
others
violent
confrontation
lead
injury
see
taylor
supra
inclusion
residual
provision
indicates
congress
intent
preceding
enumerated
offenses
exhaustive
list
pp
iii
legislative
history
exclude
attempt
offenses
acca
residual
provision
whatever
weight
might
ordinarily
given
house
rejection
language
included
attempted
robbery
attempted
burglary
acca
predicate
offenses
probative
action
congress
last
word
subject
since
clause
ii
residual
provision
added
acca
congress
rejection
language
including
attempt
offenses
dispositive
pp
attempted
burglary
defined
florida
law
involves
conduct
presents
serious
potential
risk
physical
injury
another
residual
provision
categorical
approach
used
acca
offenses
considers
whether
offense
elements
type
justify
inclusion
within
residual
provision
without
inquiring
particular
offender
specific
conduct
see
taylor
supra
pp
face
florida
attempt
statute
requires
defendant
take
act
toward
commission
burglary
florida
jones
decision
considerably
narrowed
application
broad
language
context
attempted
burglary
requiring
overt
act
directed
toward
entering
remaining
structure
merely
preparatory
activity
posing
real
danger
harm
others
acquiring
burglars
tools
casing
structure
enough
pp
ii
overt
conduct
directed
toward
unlawfully
entering
remaining
dwelling
intent
commit
felony
therein
presents
serious
potential
risk
physical
injury
another
residual
provision
clause
ii
clause
enumerated
offenses
provide
one
baseline
measure
whether
similar
conduct
satisfies
quoted
language
risk
posed
attempted
burglary
comparable
posed
closest
analog
among
enumerated
offenses
completed
burglary
see
taylor
supra
main
risk
burglary
arises
simple
physical
act
wrongfully
entering
another
property
possibility
innocent
person
might
confront
burglar
crime
attempted
burglary
poses
kind
risk
indeed
risk
may
even
greater
risk
posed
typical
completed
burglary
many
completed
burglaries
involve
confrontations
attempted
burglaries
often
every
appeals
construed
attempted
burglary
law
similar
florida
held
attempted
burglary
qualifies
violent
felony
support
also
found
sentencing
commission
determination
predicate
crime
violence
purposes
sentencing
guidelines
career
offender
enhancement
include
attempting
commit
offens
see
guidelines
manual
pp
iii
neither
acca
taylor
supports
james
argument
categorical
approach
attempted
burglary
treated
acca
predicate
offense
unless
cases
present
risk
physical
injury
others
acca
require
certainty
james
argument
misapprehends
taylor
proper
inquiry
whether
every
factual
offense
conceivably
covered
statute
necessarily
presents
serious
potential
risk
injury
whether
conduct
encompassed
offense
elements
ordinary
case
presents
risk
pp
james
argument
scope
florida
underlying
burglary
statute
precludes
treating
attempted
burglary
acca
predicate
offense
persuasive
although
definition
welling
include
curtilage
thereof
stat
takes
florida
underlying
burglary
offense
outside
taylor
generic
burglary
definition
dispositive
government
argue
james
conviction
constitutes
burglary
acca
rather
relies
residual
provision
taylor
recognized
cover
conduct
outside
strict
definition
nevertheless
similar
generic
burglary
florida
hamilton
decision
construed
curtilage
narrowly
requiring
form
enclosure
area
surrounding
residence
burglar
illegally
attempting
enter
curtilage
around
dwelling
creates
much
risk
confrontation
one
attempting
enter
structure
pp
engaging
statutory
interpretation
judicial
factfinding
james
argument
construing
attempted
burglary
violent
felony
raises
sixth
amendment
issues
apprendi
new
jersey
lacks
merit
affirmed
alito
delivered
opinion
roberts
kennedy
souter
breyer
joined
scalia
filed
dissenting
opinion
stevens
ginsburg
joined
thomas
filed
dissenting
opinion
alphonso
james
petitioner
writ
certiorari
appeals
eleventh
circuit
april
justice
alito
delivered
opinion
armed
career
criminal
act
acca
provides
defendant
convicted
possession
firearm
convicted
felon
violation
subject
mandatory
sentence
years
imprisonment
defendant
three
prior
convictions
violent
felony
serious
drug
offense
question
us
whether
attempted
burglary
defined
florida
law
violent
felony
acca
hold
therefore
affirm
judgment
appeals
petitioner
alphonso
james
pleaded
guilty
federal
one
count
possessing
firearm
convicted
felony
violation
guilty
plea
james
admitted
three
prior
felony
convictions
listed
federal
indictment
included
conviction
florida
state
attempted
burglary
dwelling
violation
florida
statutes
sentencing
government
argued
james
subject
acca
mandatory
minimum
term
three
prior
convictions
james
objected
arguing
attempted
burglary
conviction
qualify
violent
felony
district
held
attempted
burglary
violent
felony
appeals
eleventh
circuit
affirmed
holding
granted
certiorari
ii
acca
mandatory
minimum
applies
case
person
violates
section
title
felon
possession
firearm
provision
three
prior
convictions
violent
felony
serious
drug
offense
committed
occasions
different
one
another
acca
defines
violent
felony
crime
punishable
imprisonment
term
exceeding
one
year
element
use
attempted
use
threatened
use
physical
force
person
another
ii
burglary
arson
extortion
involves
use
explosives
otherwise
involves
conduct
presents
serious
potential
risk
physical
injury
another
florida
defined
crime
burglary
time
james
conviction
follows
means
entering
remaining
structure
conveyance
intent
commit
offense
therein
unless
premises
time
open
public
defendant
licensed
invited
enter
remain
stat
florida
criminal
attempt
statute
provided
person
attempts
commit
offense
prohibited
law
attempt
act
toward
commission
offense
fails
perpetration
intercepted
prevented
execution
thereof
commits
offense
criminal
attempt
attempted
burglary
conviction
issue
punishable
imprisonment
term
exceeding
one
year
parties
agree
attempted
burglary
qualify
violent
felony
clause
acca
definition
element
use
attempted
use
threatened
use
physical
force
person
another
qualify
one
specific
crimes
enumerated
clause
ii
attempted
burglary
robbery
extortion
involve
use
explosives
burglary
meet
definition
burglary
acca
set
forth
taylor
unlawful
unprivileged
entry
remaining
building
structure
intent
commit
crime
see
stat
crime
attempt
florida
law
requires
element
defendant
fai
perpetration
intercepted
prevented
execution
underlying
offense
question
whether
attempted
burglary
defined
florida
law
falls
within
acca
residual
provision
crimes
otherwise
involv
conduct
presents
serious
potential
risk
physical
injury
another
ii
determining
whether
elements
attempted
burglary
florida
law
qualify
acca
residual
provision
first
consider
james
argument
statute
text
structure
categorically
exclude
attempt
offenses
scope
residual
provision
conclude
nothing
plain
language
clause
ii
read
together
rest
statute
prohibits
attempt
offenses
qualifying
acca
predicates
involve
conduct
presents
serious
potential
risk
physical
injury
another
james
first
argues
residual
provision
clause
ii
must
read
conjunction
clause
expressly
includes
definition
violent
felony
offenses
element
attempted
use
physical
force
another
emphasis
added
james
thus
concludes
congress
express
inclusion
attempt
offenses
clause
combined
failure
mention
attempts
clause
ii
demonstrates
intent
categorically
exclude
attempt
offenses
latter
provision
persuaded
james
reading
unduly
narrow
clause
ii
residual
provision
language
suggest
intent
exclude
attempt
offenses
otherwise
meet
statutory
criteria
clause
contrast
lacks
broad
residual
provision
thus
making
necessary
specify
exactly
types
offenses
including
attempt
offenses
covered
language
short
expansive
phrasing
clause
ii
points
directly
away
sort
exclusive
specification
james
read
chevron
echazabal
see
also
davis
rejecting
argument
congress
wished
include
attempted
burglary
predicate
offense
done
expressly
untenable
light
existence
clause
congress
plainly
intended
serve
provision
cert
denied
james
next
invokes
canon
ejusdem
generis
general
phrase
follows
list
specifics
read
include
things
type
specifically
enumerated
argues
common
attribute
offenses
specifically
enumerated
clause
ii
burglary
arson
extortion
crimes
involving
use
explosives
completed
offenses
residual
provision
contends
similarly
read
extend
completed
offenses
argument
unavailing
initial
matter
premise
depends
clause
ii
specifically
enumerated
crimes
limited
completed
offenses
false
unsuccessful
attempt
blow
government
building
example
qualify
specifically
enumerated
predicate
offense
involv
use
explosives
see
making
crime
maliciously
damag
destro
attemp
damage
destroy
means
fire
explosive
certain
property
used
affecting
interstate
commerce
emphasis
added
event
relevant
common
attribute
enumerated
offenses
burglary
arson
extortion
explosives
use
completion
rather
offenses
technically
crimes
person
nevertheless
create
significant
risks
bodily
injury
confrontation
might
result
bodily
injury
noted
taylor
congress
thought
certain
general
categories
property
crimes
namely
burglary
arson
extortion
use
explosives
often
presented
risk
injury
persons
often
committed
career
criminals
included
enhancement
statute
even
though
considered
solely
terms
statutory
elements
necessarily
involve
use
threat
force
person
see
also
noting
congress
singled
burglary
often
creates
possibility
violent
confrontation
adams
fed
appx
arson
presents
serious
risk
physical
injury
another
ot
might
targeted
building
occupied
also
fire
harm
firefighters
onlookers
spread
occupied
structures
purpose
clause
ii
add
state
federal
crimes
property
burglary
arson
extortion
use
explosives
similar
crimes
predicate
offenses
conduct
involved
presents
serious
risk
injury
person
congress
inclusion
broad
residual
provision
clause
ii
indicates
intend
preceding
enumerated
offenses
exhaustive
list
types
crimes
might
present
serious
risk
injury
others
therefore
merit
status
predicate
offense
nothing
statutory
language
supports
view
congress
intended
limit
category
solely
completed
offenses
james
also
relies
acca
legislative
history
buttress
argument
clause
ii
categorically
excludes
attempt
offenses
deliberations
leading
acca
adoption
house
rejected
version
statute
provided
enhanced
penalties
use
firearm
persons
two
prior
convictions
robbery
burglary
offense
conspiracy
attempt
commit
offense
emphasis
added
bill
ultimately
became
law
omitted
reference
attempts
simply
defined
violent
felony
include
robbery
burglary
armed
career
criminal
act
stat
repealed
pub
stat
james
argues
congress
rejection
explicit
attempt
language
evidenced
intent
exclude
attempted
burglary
predicate
offense
whatever
weight
legislative
history
might
ordinarily
find
probative
enactment
james
relies
congress
last
word
subject
congress
amended
acca
purpose
range
predicate
offenses
taylor
supra
amendments
added
expansive
language
issue
case
including
clause
ii
language
defining
violent
felonies
offenses
burglary
arson
extortion
involv
use
explosives
otherwise
involv
conduct
presents
serious
potential
risk
physical
injury
another
career
criminals
amendment
act
stat
codified
ii
language
substantially
broader
provision
amended
government
appeals
relied
broader
language
amendments
specifically
residual
provision
textual
basis
including
attempted
burglary
within
law
scope
congress
rejection
express
language
including
attempt
offenses
provision
dispositive
congress
consider
much
less
reject
language
enacted
amendments
consider
ultimately
adopted
broadly
worded
residual
clause
terms
exclude
attempt
offenses
whose
reach
broad
enough
encompass
least
offenses
iii
concluded
neither
statutory
text
legislative
history
discloses
congressional
intent
categorically
exclude
attempt
offenses
scope
ii
residual
provision
next
ask
whether
attempted
burglary
defined
florida
law
offense
involves
conduct
presents
serious
potential
risk
physical
injury
another
answering
question
employ
taken
respect
offenses
acca
approach
fact
conviction
statutory
definition
prior
offense
generally
consider
particular
facts
disclosed
record
conviction
shepard
quoting
taylor
consider
whether
elements
offense
type
justify
inclusion
within
residual
provision
without
inquiring
specific
conduct
particular
offender
begin
examining
constitutes
attempted
burglary
florida
law
face
florida
attempt
statute
requires
defendant
take
act
toward
commission
burglary
stat
james
contends
broad
statutory
language
sweeps
merely
preparatory
activity
poses
real
danger
harm
others
example
acquiring
burglars
tools
casing
structure
planning
burglary
statutory
language
broad
florida
considerably
narrowed
application
context
attempted
burglary
requiring
overt
act
directed
toward
entering
remaining
structure
conveyance
jones
state
mere
preparation
enough
see
florida
lower
courts
appear
consistently
applied
heightened
standard
see
richardson
state
app
davis
state
app
pivotal
question
whether
overt
conduct
directed
toward
unlawfully
entering
remaining
dwelling
intent
commit
felony
therein
conduct
presents
serious
potential
risk
physical
injury
another
ii
answering
question
look
statutory
language
guidance
specific
offenses
enumerated
clause
ii
provide
one
baseline
measure
whether
similar
conduct
otherwise
presents
serious
potential
risk
physical
injury
case
ask
whether
risk
posed
attempted
burglary
comparable
posed
closest
analog
among
enumerated
offenses
completed
burglary
see
taylor
supra
government
remains
free
argue
offense
including
offenses
similar
generic
burglary
count
towards
enhancement
one
involves
conduct
presents
serious
potential
risk
physical
injury
another
ii
main
risk
burglary
arises
simple
physical
act
wrongfully
entering
onto
another
property
rather
possibility
confrontation
burglar
third
party
whether
occupant
police
officer
bystander
comes
investigate
risk
arises
completion
burglary
possibility
innocent
person
might
appear
crime
progress
attempted
burglary
poses
kind
risk
interrupting
intruder
doorstep
burglar
attempting
creates
risk
violent
confrontation
comparable
posed
finding
inside
structure
one
explained
cases
risk
injury
arises
completion
rather
possibility
innocent
party
may
appear
scene
occurring
likely
happen
defendant
succeeds
breaking
indeed
possibility
may
peak
defendant
still
outside
trying
break
likely
making
noise
exposed
public
view
serious
risk
confrontation
perpetrator
attempting
enter
building
payne
indeed
risk
posed
attempted
burglary
serve
basis
acca
enhancement
may
even
greater
posed
typical
completed
burglary
burglaries
begin
attempted
burglaries
acca
concerns
subset
attempted
burglaries
offender
apprehended
prosecuted
convicted
typically
occur
attempt
thwarted
outside
intervenor
property
owner
law
enforcement
officer
many
completed
burglaries
involve
confrontations
attempted
burglaries
often
indeed
often
outside
intervention
prevents
attempt
ripening
completion
concluding
attempted
burglary
presents
risk
comparable
risk
posed
completed
offense
every
appeals
construed
attempted
burglary
law
similar
scope
florida
held
offense
qualifies
violent
felony
clause
ii
residual
cases
holding
contrary
involved
attempt
laws
satisfied
preparatory
conduct
pose
risk
violent
confrontation
physical
harm
posed
attempt
enter
structure
given
florida
law
interpreted
state
highest
requires
overt
act
directed
toward
entry
structure
need
consider
whether
attenuated
conduct
encompassed
laws
presents
potential
risk
serious
injury
acca
sentencing
commission
come
similar
conclusion
regard
sentencing
guidelines
career
offender
enhancement
whose
definition
predicate
crime
violence
closely
tracks
acca
definition
violent
felony
see
sentencing
commission
guidelines
manual
ussg
commission
determined
crime
violence
purpose
guidelines
enhancement
include
offenses
aiding
abetting
conspiring
attempting
commit
offenses
judgment
based
commission
review
empirical
sentencing
data
presumably
reflects
assessment
attempt
crimes
often
pose
similar
risk
injury
completed
offenses
breyer
explained
commission
collects
detailed
sentencing
data
virtually
every
federal
criminal
case
better
able
individual
make
informed
judgment
relation
particular
offense
likelihood
accompanying
violence
doe
see
also
ussg
reprinted
comment
describing
empirical
basis
commission
formulation
guidelines
chambers
noting
usefulness
empirical
analysis
commission
determining
whether
unenumerated
crime
poses
risk
violence
bound
sentencing
commission
conclusion
view
evidence
crime
like
attempted
burglary
poses
risk
violence
similar
presented
completed
offense
james
responds
enough
attempted
burglary
create
risk
physical
injury
others
brief
petitioner
citing
categorical
approach
employed
taylor
argues
treat
attempted
burglary
acca
predicate
offense
unless
cases
present
risk
james
approach
supported
neither
statute
text
holding
taylor
one
course
imagine
situation
attempted
burglary
might
pose
realistic
risk
confrontation
injury
anyone
example
unoccupied
structure
located
far
beaten
path
away
potential
intervenors
acca
require
metaphysical
certainty
rather
ii
residual
provision
speaks
terms
potential
risk
inherently
probabilistic
indeed
combination
two
terms
suggests
congress
intended
encompass
possibilities
even
contingent
remote
simple
risk
much
less
certainty
may
attempted
burglaries
present
serious
potential
risk
physical
injury
another
true
completed
burglaries
explicitly
covered
statutory
language
provide
baseline
measure
degree
risk
offense
must
otherwise
present
order
qualify
james
argument
also
misapprehends
taylor
categorical
approach
view
approach
requiring
every
conceivable
factual
offense
covered
statute
must
necessarily
present
serious
potential
risk
injury
offense
deemed
violent
felony
cf
gonzales
slip
find
state
statute
creates
crime
outside
generic
definition
listed
crime
federal
statute
requires
application
legal
imagination
state
statute
language
requires
realistic
probability
theoretical
possibility
state
apply
statute
conduct
falls
outside
generic
definition
crime
rather
proper
inquiry
whether
conduct
encompassed
elements
offense
ordinary
case
presents
serious
potential
risk
injury
another
one
always
hypothesize
unusual
cases
even
prototypically
violent
crime
might
present
genuine
risk
injury
example
attempted
murder
gun
unbeknownst
shooter
bullets
see
thomas
cadc
take
example
offenses
specifically
enumerated
ii
one
imagine
extortion
scheme
anonymous
blackmailer
threatens
release
embarrassing
personal
information
victim
unless
mailed
regular
payments
cases
risk
physical
injury
another
approaches
zero
mean
offenses
attempted
murder
extortion
categorically
nonviolent
long
offense
type
nature
presents
serious
potential
risk
injury
another
satisfies
requirements
ii
residual
provision
attempted
burglary
florida
law
construed
jones
require
overt
act
directed
toward
entry
structure
satisfies
test
justice
scalia
dissent
criticizes
approach
ground
provide
sufficient
guidance
lower
courts
required
decide
whether
unenumerated
offenses
attempted
burglary
qualify
violent
felonies
acca
dissent
alternative
approach
serious
disadvantages
among
things
approach
unnecessarily
decides
important
question
parties
briefed
meaning
term
extortion
ii
decides
question
way
hardly
free
doubt
fails
provide
interpretation
residual
provision
furnishes
clear
guidance
future
cases
dissent
interprets
residual
provision
require
least
much
risk
least
dangerous
enumerated
offense
ordinary
meaning
language
residual
clause
impose
requirement
clause
demands
serious
potential
risk
physical
injury
another
may
reasonable
infer
risks
presented
enumerated
offenses
involve
risk
magnitude
follow
offense
presents
lesser
risk
necessarily
fails
qualify
nothing
language
ii
rules
possibility
offense
may
present
serious
risk
physical
injury
another
without
presenting
great
risk
enumerated
offenses
moreover
even
unenumerated
offense
qualify
without
presenting
least
much
risk
least
risky
enumerated
offenses
necessary
identify
least
risky
offenses
order
decide
case
rather
sufficient
establish
simply
unenumerated
offense
presented
least
much
risk
one
enumerated
offenses
thus
justice
scalia
interpretation
meaning
term
extortion
unnecessary
inadvisable
parties
briefed
issue
proposed
interpretation
hardly
beyond
question
instead
interpreting
meaning
term
extortion
accordance
meaning
common
law
modern
federal
state
statutes
see
taylor
suggested
adopt
interpretation
seems
entirely
novel
greatly
reduces
reach
acca
stated
reason
tackling
question
provide
guidance
lower
courts
future
cases
surely
worthy
objective
practical
terms
proposed
interpretation
residual
clause
make
much
easier
lower
courts
decide
whether
unenumerated
offenses
qualify
without
hard
statistics
statistics
called
attention
lower
determine
whether
risk
posed
generic
burglary
greater
less
risk
posed
entirely
unrelated
unenumerated
offense
say
escape
prison
end
justice
scalia
analysis
case
turns
question
comparative
risks
presented
burglary
attempted
burglary
risk
physical
injury
cases
occurs
confrontation
criminal
another
person
whether
occupant
structure
law
enforcement
officer
security
guard
someone
else
argued
encounter
occurs
consummated
burglary
entry
risk
greater
encounter
occurs
attempted
burglary
entry
effected
may
true
argument
fails
come
grips
fact
encounters
may
occur
much
frequently
attempted
burglaries
precisely
due
encounters
many
planned
burglaries
progress
beyond
attempt
stage
justice
scalia
dismisses
danger
involved
encounter
occur
attempted
burglaries
stating
encounters
likely
consist
nothing
occupant
yelling
window
burglar
running
away
post
many
possible
scenarios
armed
burglar
may
spotted
police
officer
private
security
guard
participant
neighborhood
watch
program
homeowner
angered
sort
conduct
recited
james
presentence
report
throwing
hammer
window
may
give
chase
violent
encounter
may
ensue
reasons
reasons
discussed
convinced
offense
attempted
burglary
defined
florida
law
qualifies
acca
residual
clause
iv
although
question
granted
certiorari
focused
attempt
prong
florida
attempted
burglary
law
james
also
argues
scope
state
underlying
burglary
statute
precludes
treating
attempted
burglary
violent
felony
acca
purposes
specifically
argues
florida
burglary
statute
differs
generic
burglary
defined
taylor
supra
defines
include
structure
also
curtilage
thereof
stat
agree
inclusion
curtilage
takes
florida
underlying
offense
burglary
outside
definition
generic
burglary
set
forth
taylor
requires
unlawful
entry
remaining
building
structure
emphasis
added
conclusion
dispositive
government
argue
james
conviction
attempted
burglary
constitutes
burglary
ii
rather
relies
residual
provision
clause
recognized
cover
conduct
outside
strict
definition
nevertheless
similar
generic
burglary
risk
posed
attempted
entry
curtilage
comparable
posed
attempted
entry
structure
concluded
sufficient
qualify
residual
provision
must
turn
state
law
order
answer
question
florida
construed
curtilage
narrowly
requiring
form
enclosure
order
area
surrounding
residence
considered
part
referred
burglary
statute
state
hamilton
holding
yard
surrounded
trees
curtilage
see
also
matthews
florida
case
law
construes
curtilage
narrowly
include
enclosed
area
surrounding
structure
given
narrow
definition
believe
inclusion
curtilage
mitigates
risk
presented
attempted
burglary
take
offense
outside
scope
clause
ii
residual
provision
typical
reason
enclosing
curtilage
adjacent
structure
keep
unwanted
visitors
especially
criminal
motives
burglar
illegally
attempts
enter
enclosed
area
surrounding
dwelling
creates
much
risk
physical
confrontation
property
owner
law
enforcement
official
third
party
one
attempts
enter
structure
light
florida
narrow
definition
curtilage
attempted
burglary
curtilage
requires
physical
proximity
structure
overt
act
directed
toward
breaching
enclosure
attempt
presents
serious
potential
risk
violence
ensue
someone
injured
holding
burglary
curtilage
violent
felony
acca
residual
provision
finally
james
argues
construing
attempted
burglary
violent
felony
raises
sixth
amendment
issues
apprendi
new
jersey
progeny
based
judicial
fact
finding
risk
presented
acts
underlie
convictions
attempted
burglary
brief
petitioner
argument
without
merit
determining
whether
attempted
burglary
florida
law
qualifies
violent
felony
ii
engaging
statutory
interpretation
judicial
factfinding
indeed
applying
taylor
categorical
approach
avoided
inquiry
underlying
facts
james
particular
offense
looked
solely
elements
attempted
burglary
defined
florida
law
analysis
raises
sixth
amendment
reasons
judgment
appeals
eleventh
circuit
affirmed
ordered
alphonso
james
petitioner
writ
certiorari
appeals
eleventh
circuit
april
justice
scalia
justice
stevens
justice
ginsburg
join
dissenting
disagree
basic
approach
case
must
therefore
lay
acknowledges
ante
way
attempted
burglary
qualify
violent
felony
armed
career
criminal
act
acca
falling
within
residual
provision
clause
ii
crime
otherwise
involves
conduct
presents
serious
potential
risk
physical
injury
another
ii
basis
eleventh
circuit
decision
hold
attempt
commit
burglary
presents
potential
risk
physical
injury
another
sufficient
satisfy
acca
definition
felony
center
parties
dispute
problem
approach
determining
crimes
fit
within
residual
provision
almost
entirely
ad
hoc
crime
says
involv
conduct
presents
serious
potential
risk
physical
injury
another
gets
case
docket
sure
enough
utterly
fails
supposed
provide
guidance
concrete
enough
ensure
acca
residual
provision
applied
acceptable
degree
consistency
hundreds
district
judges
impose
sentences
every
day
one
guideline
suggest
sentencer
compare
unenumerated
offense
issue
closest
analog
among
four
offenses
set
forth
burglary
arson
extortion
crimes
involving
use
explosives
include
unenumerated
offense
within
acca
risk
poses
comparable
ante
principal
attraction
test
suspect
makes
relatively
easy
decide
present
case
though
shall
subsequently
discuss
think
reaches
wrong
conclusion
whether
attempted
burglary
poses
comparable
risk
assuming
comparable
means
test
provide
guidance
closely
analogous
offense
clear
risk
comparable
often
case
obvious
four
enumerated
offenses
closest
analog
tell
truth
none
analogous
example
driving
influence
alcohol
analogous
burglary
arson
extortion
crime
involving
use
explosives
analog
identified
done
offense
issue
present
comparable
risk
declines
say
seems
inconceivable
means
offense
excluded
acca
reason
example
comport
conceivable
congressional
intent
disqualify
unenumerated
crime
analogous
arson
presents
nowhere
near
risk
injury
posed
arson
presents
far
greater
risk
injury
burglary
congress
explicitly
included
thus
probably
vast
majority
cases
today
opinion
provides
guidance
whatever
leaving
lower
courts
devices
deciding
conviction
involves
conduct
presents
serious
potential
risk
physical
injury
another
take
decades
dozens
grants
certiorari
allocate
nation
crimes
one
side
entirely
reasonable
entirely
indeterminate
line
compare
ante
concluding
attempted
burglary
poses
sufficient
risk
leocal
ashcroft
concluding
driving
influence
alcohol
pose
substantial
risk
physical
force
person
property
another
may
used
imprecision
indeterminacy
particularly
inappropriate
application
criminal
statute
years
prison
hinge
scope
acca
residual
provision
yet
boundaries
ill
defined
going
deny
effect
statute
impermissibly
vague
see
part
iii
infra
responsibility
derive
text
rules
application
provide
notice
covered
prevent
arbitrary
discriminatory
sentencing
see
kolender
lawson
offenders
notice
particular
course
conduct
result
mandatory
minimum
prison
term
years
prefers
keep
guessing
ii
residual
provision
clause
ii
acca
definition
violent
felony
clause
sweeps
within
acca
ambit
crime
otherwise
involves
conduct
presents
serious
potential
risk
physical
injury
another
put
mildly
model
clarity
pretend
solution
provides
application
statute
contexts
much
better
today
opinion
congress
given
us
eleventh
circuit
properly
sought
resolve
case
employing
categorical
approach
looking
statutory
elements
attempted
burglary
see
generally
prohibits
later
delving
particular
facts
disclosed
record
conviction
thus
leaving
normally
fact
conviction
statutory
definition
prior
offense
shepard
quoting
taylor
ante
also
begin
approach
government
us
provide
certainty
least
enough
decide
present
case
holding
attempt
commit
crime
violence
treated
completed
crime
points
various
federal
laws
many
state
laws
punish
attempt
sanction
completed
crime
see
brief
persuasive
punishment
meted
solely
basis
risk
physical
injury
crime
presents
seems
however
similar
punishment
necessarily
imply
similar
risk
likely
represents
judgment
two
crimes
display
similar
degree
depravity
deserving
punishment
needful
deterrence
person
guilty
attempted
burglary
may
placed
anyone
physical
risk
willing
successful
burglar
seems
impossible
say
equivalence
punishment
suggests
equivalence
imposed
risk
therefore
look
elsewhere
clarification
statutory
text
first
invite
analysis
word
congress
placed
forefront
residual
provision
otherwise
used
adverb
ii
modifying
verb
involves
otherwise
defined
different
manner
another
way
webster
new
international
dictionary
ed
thus
natural
reading
statute
committing
one
enumerated
crimes
burglary
arson
extortion
crimes
involving
explosives
one
way
commit
crime
involv
ing
conduct
presents
serious
potential
risk
physical
injury
another
ways
committing
crime
character
similarly
constitute
violent
felon
ies
words
enumerated
crimes
examples
congress
mind
residual
provision
residual
provision
interpreted
examples
mind
commonsense
principle
construction
sometimes
referred
canon
ejusdem
generis
hen
general
word
phrase
follows
list
specific
persons
things
general
word
phrase
interpreted
include
persons
things
type
listed
black
law
dictionary
ed
black
see
washington
state
dept
social
health
servs
guardianship
estate
keffeler
case
application
principle
suggests
residual
provision
means
general
phrase
conduct
presents
serious
potential
risk
physical
injury
another
conduct
resembles
insofar
degree
risk
concerned
previously
enumerated
another
context
might
conclude
degree
risk
merely
similar
even
slightly
less
qualify
obviously
interpretation
leave
good
deal
ambiguity
downside
low
risk
scale
one
go
risk
becomes
dissimilar
enumerated
crimes
since
text
sets
forth
criterion
courts
might
vary
dramatically
answer
cf
leocal
reversing
eleventh
circuit
determination
driving
influence
alcohol
qualifies
crime
violence
reasonably
avoidable
indeterminateness
unacceptable
context
criminal
sanctions
rule
lenity
grounded
part
need
give
encompassed
criminal
statute
bass
quoting
mcboyle
demands
give
text
narrow
reading
susceptible
requirement
degree
risk
similar
enumerated
crimes
means
lesser
risk
posed
least
dangerous
enumerated
crimes
turn
next
logical
question
four
enumerated
crimes
burglary
arson
extortion
crimes
involving
use
explosives
poses
least
serious
potential
risk
physical
injury
another
two
involve
use
fire
explosives
possibly
qualify
thus
question
must
address
whether
burglary
extortion
poses
lesser
risk
must
first
define
crimes
taylor
defined
burglary
used
provision
acca
issue
first
determined
must
uniform
definition
independent
labels
employed
various
criminal
codes
considered
rejected
definition
finding
contemporary
understanding
diverged
long
way
roots
ultimately
concluded
congress
meant
generic
sense
term
used
criminal
codes
determine
sense
looked
guidance
lafave
scott
substantive
criminal
law
american
law
institute
model
penal
code
defined
burglary
crime
regardless
exact
definition
label
basic
elements
unlawful
unprivileged
entry
remaining
building
structure
intent
commit
crime
taylor
supra
defining
extortion
purposes
acca
follow
approach
common
law
extortion
property
offense
committed
public
official
took
money
thing
value
due
pretense
entitled
property
virtue
office
scheidler
national
organization
women
quoting
blackstone
commentaries
laws
england
citing
anderson
wharton
criminal
law
procedure
pp
see
also
lafave
substantive
criminal
law
ed
burglary
however
modern
conceptions
extortion
gone
well
beyond
understanding
hobbs
act
example
congress
explicitly
definition
extortion
include
acts
private
individuals
scheidler
supra
quoting
evans
whereas
hobbs
act
retained
requirement
something
value
actually
acquired
extortionist
scheidler
supra
majority
state
statutes
require
defendant
make
threat
intent
thereby
acquire
victim
property
lafave
substantive
criminal
law
emphasis
added
state
statutes
category
qualifying
threats
expanded
dramatically
include
threats
kill
victim
future
cause
economic
harm
continue
strike
boycott
collective
unofficial
action
unlawfully
detain
accuse
victim
crime
expose
disgraceful
defect
secret
victim
known
subject
public
ridicule
disgrace
impair
one
credit
business
repute
model
penal
code
definition
theft
extortion
reflects
expansive
modern
notion
crime
person
guilty
theft
extortion
purposely
obtains
property
another
threatening
inflict
bodily
injury
anyone
commit
criminal
offense
accuse
anyone
criminal
offense
expose
secret
tending
subject
person
hatred
contempt
ridicule
impair
credit
business
repute
take
withhold
action
official
cause
official
take
withhold
action
bring
continue
strike
boycott
collective
unofficial
action
property
demanded
received
benefit
group
whose
interest
actor
purports
act
testify
provide
information
withhold
testimony
information
respect
another
legal
claim
defense
inflict
harm
benefit
actor
federal
statutes
including
hobbs
act
travel
act
ed
supp
iv
racketeer
influenced
corrupt
organizations
act
rico
et
use
similarly
broad
conception
extortion
see
nardello
travel
act
scheidler
supra
hobbs
act
rico
word
extortion
acca
definition
violent
felony
however
incorporate
full
panoply
threats
qualify
model
penal
code
many
inherently
nonviolent
arrive
conclusion
two
reasons
first
another
canon
statutory
construction
noscitur
sociis
counsels
meaning
unclear
word
phrase
determined
words
immediately
surrounding
black
see
keffeler
course
noscitur
sociis
erudite
say
antiquated
way
saying
common
sense
tells
us
true
word
known
company
keeps
jarecki
searle
say
various
possible
meanings
word
given
must
determined
manner
makes
fit
words
closely
associated
words
immediately
surrounding
extortion
ii
burglary
arson
crimes
involv
ing
use
explosives
model
penal
code
sweeping
definition
extortion
sit
uncomfortably
indeed
amidst
list
crimes
otherwise
residual
provision
makes
plain
characterized
potential
violence
risk
physical
harm
others
acca
usage
extortion
differs
context
word
appears
travel
act
one
list
crimes
often
used
organized
crime
collect
revenue
nardello
supra
including
bribery
differs
context
extortion
appears
rico
part
laundry
list
nearly
every
federal
crime
sun
see
supp
iv
suggested
canon
reinforced
fact
original
notion
extortion
full
expanse
modern
definition
include
crimes
inherently
unlikely
cause
physical
harm
set
bar
residual
provision
level
embrace
virtually
offense
making
limitation
serious
potential
risk
physical
injury
another
utterly
see
part
iii
infra
therefore
assume
extortion
acca
obtaining
something
value
another
consent
induced
wrongful
use
threatened
use
force
person
property
another
cf
leocal
discussing
relationship
use
force
person
property
another
crime
violence
one
final
consideration
worthy
mention
must
make
sure
restricted
definition
generic
extortion
render
inclusion
extortion
ii
superfluous
light
duty
give
effect
possible
every
clause
word
statute
duncan
walker
internal
quotation
marks
omitted
clause
already
includes
acca
definition
violent
felony
crime
element
use
attempted
use
threatened
use
physical
force
person
another
narrow
definition
extortion
passes
surplusage
test
includes
crimes
covered
provision
problem
since
definition
includes
use
threatened
use
force
property
whereas
clause
limited
force
person
thus
obtaining
someone
else
money
threatening
wreck
place
business
fit
within
clause
ii
within
clause
defined
burglary
extortion
return
question
launched
investigation
first
place
two
poses
least
serious
potential
risk
physical
injury
another
recall
definitions
burglary
unlawful
unprivileged
entry
remaining
building
structure
intent
commit
crime
extortion
obtaining
something
value
another
consent
induced
wrongful
use
threatened
use
force
person
property
another
every
victim
extortion
object
threat
person
property
ignores
threat
resists
seeking
protect
property
may
harmed
burglary
hand
involves
possibility
confrontation
take
place
crime
underway
risk
physical
harm
become
reality
property
owner
happens
present
situation
burglar
ordinarily
seeks
avoid
extortionist
moreover
already
expressed
willingness
commit
violent
act
burglar
may
prepared
flee
first
sign
human
presence
think
obvious
burglary
less
inherently
risky
extortion
thus
least
inherently
risky
four
crimes
enumerated
ii
concluded
part
crime
may
qualify
acca
violent
felony
residual
provision
poses
least
much
risk
physical
injury
another
least
risky
enumerated
crimes
part
least
risky
enumerated
crimes
burglary
finally
able
turn
ultimate
question
posed
case
attempted
burglary
categorically
qualify
violent
felony
acca
residual
provision
analysis
recast
question
attempted
burglary
categorically
involve
conduct
poses
least
much
risk
physical
injury
another
completed
burglary
contrary
says
ante
answer
must
taylor
discussed
risks
posed
conduct
involved
completed
burglary
found
significant
burglary
involves
invasion
victims
homes
workplaces
internal
quotation
marks
brackets
omitted
dwelled
invasion
inherent
potential
harm
persons
comparing
attempted
burglary
completed
burglary
focuses
almost
exclusively
possibility
confrontation
burglar
third
party
ante
ignores
numerous
factors
make
completed
burglary
far
dangerous
failed
one
closer
proximity
burglar
victim
confrontation
takes
place
inside
confined
space
victim
home
greater
likelihood
victim
initiating
violence
inside
home
protect
family
property
greater
likelihood
confrontation
inside
home
burglar
occupant
home
rather
police
confrontation
envisions
burglar
third
party
burglar
still
outside
home
likely
consist
nothing
occupant
yelling
window
burglar
running
away
simply
case
apparently
believes
home
entries
often
reduced
attempted
home
entries
physical
confrontation
homeowner
criminal
latter
still
outside
house
one
must
envision
householder
throwing
open
front
door
shotgun
hand
burglar
trying
pick
lock
previously
stated
fact
offender
enters
building
commit
crime
creates
possibility
violent
confrontation
offender
occupant
caretaker
person
comes
investigate
taylor
supra
emphasis
added
see
also
leocal
supra
urglary
nature
involves
substantial
risk
burglar
use
force
victim
completing
crime
emphasis
added
definition
perpetrator
convicted
attempted
burglary
failed
make
inside
home
workplace
indeed
criminal
convicted
attempted
burglary
almost
certainly
injured
one
otherwise
convicted
something
far
serious
assault
murder
thus
full
extent
risk
burglary
poses
entry
home
makes
burglary
threat
physical
safety
victim
necessarily
absent
attempted
burglary
however
attempt
defined
attempted
burglary
categorically
poses
less
serious
potential
risk
physical
injury
another
burglary
least
risky
acca
enumerated
crimes
hold
predicate
violent
felony
purposes
acca
mandatory
minimum
sentencing
enhancement
ed
supp
iv
regardless
close
state
attempt
statute
requires
perpetrator
come
completing
underlying
observes
undoubted
accuracy
approach
perfect
leaves
courts
decide
ithout
hard
statistics
guide
ante
degree
risk
physical
injury
posed
various
crimes
imponderable
avoided
dealing
statute
turns
upon
serious
potential
risk
physical
injury
another
inheres
puny
solution
well
know
attempted
burglary
poses
risk
burglary
dissent
must
establish
solution
perfect
substantially
better
proposes
little
doubt
addition
leaving
air
judicial
determination
much
risk
physical
injury
crime
presents
uninformative
opinion
leaves
open
guessed
lower
courts
subjected
law
whether
degree
risk
covered
residual
provision
limited
degrees
risk
presented
enumerated
crimes
whether
extortion
given
broadest
meaning
embrace
crimes
virtually
risk
physical
injury
importantly
world
set
minimum
risk
physical
injury
qualify
indeed
leaves
lower
courts
subject
law
sail
upon
virtual
sea
doubt
thing
decides
view
erroneously
attempted
burglary
poses
risk
physical
injury
burglary
hence
covered
without
need
address
bothersome
questions
wonderfully
convenient
solution
enables
accuse
unnecessarily
decid
ing
meaning
extortion
ante
accurately
quite
irrelevantly
asserts
following
ven
unenumerated
offense
qualify
without
presenting
least
much
risk
least
risky
enumerated
offenses
necessary
identify
least
risky
offenses
order
decide
case
rather
sufficient
establish
simply
unenumerated
offense
presented
least
much
risk
one
enumerated
offenses
ante
emphasis
added
true
enough
properly
criticized
reaching
unnecessary
question
like
found
attempted
burglary
risky
burglary
since
however
unavoidable
determine
meaning
extortion
order
decide
whether
attempted
burglary
less
risky
criticism
amounts
nothing
procedural
quibble
instead
deciding
attempted
burglary
clearly
less
risky
arson
use
explosives
remaining
two
enumerated
crimes
burglary
less
risky
attempted
burglary
less
risky
burglary
followed
step
step
proceeded
determine
meaning
extortion
perhaps
surely
distinction
without
difference
either
approach
determining
meaning
extortion
unquestionably
necessary
iii
congress
passed
acca
enhance
punishment
offenders
inter
alia
previously
committed
crimes
pose
serious
potential
risk
physical
injury
another
congress
provided
examples
crimes
meet
eminently
reasonable
entirely
abstract
condition
unfortunately
however
four
examples
little
common
especially
respect
level
risk
physical
injury
pose
shoddy
draftsmanship
puts
courts
difficult
choice
apply
acca
enhancement
virtually
predicate
offenses
see
supra
apply
pristine
abstraction
finding
applicable
whenever
particular
sentencing
judge
particular
reviewing
panel
believes
serious
potential
risk
physical
injury
another
whatever
means
try
figure
coherent
way
interpreting
statute
applies
relatively
predictable
administrable
fashion
smaller
subset
crimes
recognize
statute
drafting
failure
hold
void
vagueness
see
kolender
lanzetta
new
jersey
choose
either
third
option
tried
implement
fourth
since
believe
first
two
impermissible
congress
wanted
first
subjecting
repeat
offenders
mandatory
minimum
prison
term
easily
crafted
statute
said
acca
tedious
definition
violent
felony
obviously
meant
effect
second
option
one
chosen
today
essentially
leaving
courts
apply
vague
language
manner
ex
ante
end
day
highly
unpredictable
violates
view
constitutional
prohibition
vague
criminal
congress
simply
abdicated
responsibility
passes
criminal
statute
insusceptible
interpretation
enables
principled
predictable
application
abdicated
responsibility
allows
today
opinion
permits
unintelligible
criminal
statute
survive
uncorrected
unguided
unexplained
respectfully
dissent
alphonso
james
petitioner
writ
certiorari
appeals
eleventh
circuit
april
justice
thomas
dissenting
reasons
set
forth
opinion
concurring
part
concurring
judgment
shepard
believe
constitutional
infirmity
applied
james
makes
today
decision
unnecessary
exercise
apprendi
new
jersey
progeny
prohibit
judges
mak
ing
finding
raises
defendant
sentence
beyond
sentence
lawfully
imposed
reference
facts
found
jury
admitted
defendant
booker
thomas
dissenting
part
yet
precisely
armed
career
criminal
act
ed
supp
iv
permits
case
petitioner
alphonso
james
pleaded
guilty
felon
possession
firearm
violation
ed
exposed
maximum
sentence
years
section
supp
iv
however
mandated
minimum
sentence
james
three
prior
convictions
violent
felony
serious
drug
offense
james
admitted
convicted
three
prior
felonies
argued
one
felonies
conviction
attempted
burglary
dwelling
violation
stat
violent
felony
purposes
supp
iv
district
resolved
disputed
fact
favor
government
increased
james
sentence
accordingly
relying
scheme
initially
created
taylor
appeals
affirmed
section
conjunction
taylor
shepard
today
decision
explain
lower
courts
conduct
factfinding
according
logic
intervening
precedents
unconstitutional
case
shepard
supra
reason
respectfully
dissent
footnotes
james
two
prior
convictions
possession
cocaine
trafficking
cocaine
determined
serious
drug
offense
acca
see
issue
jones
distinguished
earlier
holding
thomas
state
state
upheld
conviction
state
statute
criminalizing
possession
burglary
tools
stat
defendant
arrested
jumping
fence
trying
run
away
police
carrying
screwdriver
jones
held
overt
act
necessary
convict
burglary
tool
crime
overt
act
required
prove
attempted
burglary
noted
conduct
charged
thomas
sufficient
prove
attempted
burglary
defendant
case
committed
overt
act
directed
toward
entering
remaining
building
see
lane
construing
ohio
attempted
burglary
law
fact
offender
enters
building
commit
crime
often
creates
possibility
violent
confrontation
offender
occupant
caretaker
person
comes
fact
defendant
complete
burglary
offense
diminish
serious
potential
risk
injury
another
arising
attempted
burglary
fish
michigan
attempted
burglary
law
payne
massachusetts
law
massachusetts
law
possibility
violent
confrontation
innocent
party
always
present
perpetrator
attempts
enter
building
illegally
even
crime
actually
completed
solomon
minnesota
attempted
burglary
law
custis
maryland
law
cases
attempted
breaking
entering
charged
defendant
interrupted
course
illegally
entering
home
interrupting
intruder
breaking
home
involves
risk
confrontation
nearly
great
finding
inside
house
thomas
new
jersey
attempted
burglary
law
andrello
new
york
attempted
burglary
law
davis
illinois
attempted
burglary
law
bureau
tennessee
attempted
burglary
law
propensity
violent
confrontation
serious
potential
risk
injury
inherent
burglary
diminished
burglar
successful
completing
crime
potential
risk
injury
especially
great
burglar
succeeds
entry
despite
fully
committing
crime
demint
florida
attempted
burglary
law
collins
wisconsin
attempted
burglary
law
already
recognized
inherently
dangerous
situation
possibility
confrontation
created
burglar
attempts
illegally
enter
building
residence
wisconsin
requirement
defendant
must
attempt
enter
building
found
guilty
attempted
burglary
sufficient
mandate
attempted
burglary
wisconsin
constitute
violent
felony
strahl
tenth
circuit
held
attempted
burglary
utah
law
qualify
acca
predicate
offense
conviction
based
upon
conduct
making
duplicate
key
targeted
building
obtaining
floor
plans
structure
possessing
burglary
tools
permenter
similarly
excluded
conviction
oklahoma
statute
satisfied
defendant
merely
targeted
structure
martinez
fifth
circuit
came
conclusion
texas
attempted
burglary
statute
require
defendant
vicinity
building
weekley
appeals
concluded
acca
satisfied
conviction
washington
law
covered
relatively
unrisky
conduct
casing
neighborhood
selecting
house
burgle
possessing
neckties
used
burglary
see
black
law
dictionary
ed
potential
apable
coming
possible
risk
chance
injury
damage
loss
danger
hazard
webster
third
new
international
dictionary
potential
existing
possibility
capacity
strong
possibility
development
state
actuality
risk
possibility
loss
injury
disadvantage
destruction
acca
requires
judges
make
sometimes
difficult
evaluations
risks
posed
different
offenses
persuaded
justice
scalia
suggestion
pressed
james
amici
residual
provision
unconstitutionally
vague
see
post
statutory
requirement
unenumerated
crime
otherwise
involv
conduct
presents
serious
potential
risk
physical
injury
another
indefinite
prevent
ordinary
person
understanding
conduct
prohibits
see
kolender
lawson
similar
formulations
used
federal
state
criminal
statutes
see
defining
terrorist
act
conduct
among
things
creates
substantial
risk
serious
bodily
injury
person
rev
stat
ann
west
offense
resisting
arrest
requires
preventing
officer
effectuating
arrest
means
creating
substantial
risk
causing
physical
injury
peace
officer
another
cal
health
safety
code
ann
west
criminalizing
air
pollution
results
unreasonable
risk
great
bodily
injury
death
person
penal
law
ann
west
supp
riminal
use
chemical
weapon
biological
weapon
requires
grave
risk
death
serious
physical
injury
another
person
participant
crime
burglary
florida
law
differs
generic
burglary
second
respect
extends
entries
structures
also
conveyance
stat
james
accordance
appears
general
practice
florida
specifically
charged
convicted
attempted
burglary
dwelling
need
examine
point
extent
james
contends
simple
fact
prior
conviction
required
found
jury
position
baseless
james
admitted
fact
prior
conviction
guilty
plea
case
held
prior
convictions
need
treated
element
offense
sixth
amendment
purposes
footnotes
imprecisely
identifies
common
characteristic
enumerated
offenses
therefore
defining
characteristic
residual
provision
crimes
create
significant
risks
bodily
injury
confrontation
might
result
bodily
injury
ante
emphasis
added
course
adding
word
confrontation
convenient
way
shoehorning
attempted
burglary
ambit
residual
provision
invention
entirely
divorced
statutory
text
hobbs
act
contains
definition
extortion
obtaining
property
another
consent
induced
wrongful
use
actual
threatened
force
violence
fear
color
official
right
nardello
scheidler
required
define
generic
extortion
purposes
travel
act
rico
leave
term
undefined
defined
obtaining
something
value
another
consent
induced
wrongful
use
force
fear
threats
scheidler
internal
quotation
marks
omitted
see
also
nardello
agreeing
government
extortion
means
obtaining
something
value
another
consent
induced
wrongful
use
force
fear
threats
two
courts
appeals
also
demonstrated
conundrum
posed
congress
inclusion
extortion
acca
list
enumerated
violent
felonies
see
deluca
linchpin
appellant
theory
suggestion
extortions
equal
give
appellant
high
marks
ingenuity
anderson
kozinski
determin
ing
whether
crime
violent
felony
regard
easy
matter
taylor
focused
interstate
consensus
definition
consensus
extortion
impossible
know
definition
legislators
voted
acca
mind
quite
likely
thinking
particular
definition
courts
ultimately
decided
use
different
definitions
extortion
see
deluca
supra
deciding
model
penal
code
approach
anderson
supra
deciding
hobbs
act
definition
explains
example
modern
extortion
include
anonymous
blackmailer
threaten
ing
release
embarrassing
personal
information
victim
unless
mailed
regular
payments
crime
involving
risk
physical
injury
another
approach
ing
zero
ante
thus
complete
modern
notion
extortion
adopted
clear
extortion
least
risky
four
enumerated
crimes
mean
crime
posing
least
much
risk
physical
injury
extortion
qualify
acca
residual
provision
virtually
crime
qualify
courts
power
subject
almost
repeat
offender
acca
mandatory
minimum
indeed
seems
reality
taking
place
lower
courts
see
johnson
operating
dump
truck
without
consent
owner
violent
felony
acca
springfield
walkaway
escape
prison
honor
camp
violent
felony
acca
need
apply
modified
categorical
approach
case
approach
government
achieve
narrow
type
florida
burglary
underlying
james
conviction
falls
within
generic
acca
burglary
discussed
however
even
attempt
commit
generic
acca
burglary
qualify
violent
felony
acca
thus
need
remand
eleventh
circuit
simply
reversed
plays
question
resolve
merely
stating
possibility
offense
may
present
serious
risk
physical
injury
another
without
presenting
great
risk
enumerated
offenses
ante
course
light
ultimate
conclusion
regarding
attempted
burglary
resolve
question
without
guilty
accuses
unnecessarily
decid
ing
important
question
ante
pronouncement
point
pure
dictum
contends
provision
issue
even
left
entirely
unexplained
today
opinion
skillfully
accomplishes
unconstitutionally
vague
imilar
formulations
used
federal
state
criminal
statutes
ante
none
provisions
cites
however
similar
crucial
relevant
respect
none
prefaces
requirement
risk
physical
injury
word
otherwise
preceded
four
confusing
examples
little
common
respect
supposedly
defining
characteristic
phrase
shades
red
standing
alone
generate
confusion
unpredictability
phrase
red
light
pink
maroon
navy
blue
colors
otherwise
involve
shades
red
assuredly