taylor
argued
february
decided
may
petitioner
taylor
pleaded
guilty
possession
firearm
convicted
felon
violation
four
prior
convictions
including
two
burglary
missouri
law
government
sought
apply
inter
alia
provides
sentence
enhancement
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three
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convictions
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felony
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upon
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offenders
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information
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burglary
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though
defendant
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defining
burglary
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terms
pp
judgment
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case
remanded
proceedings
since
time
taylor
convictions
missouri
burglary
statutes
included
elements
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burglary
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record
statutes
bases
convictions
blackmun
delivered
opinion
rehnquist
brennan
white
marshall
stevens
kennedy
joined
part
ii
scalia
joined
scalia
filed
opinion
concurring
part
concurring
judgment
post
bruce
dayton
livingston
appointment
argued
cause
petitioner
briefs
bennett
clark
michael
lazerwitz
argued
cause
brief
solicitor
general
starr
deputy
solicitor
general
bryson
assistant
attorney
general
dennis
andrew
levchuk
burton
shostak
filed
brief
national
association
criminal
defense
lawyers
amicus
curiae
urging
reversal
justice
blackmun
delivered
opinion
case
called
upon
determine
meaning
word
burglary
used
subtitle
career
criminals
amendment
act
abuse
act
statute
provides
sentence
enhancement
defendant
convicted
unlawful
possession
firearm
three
prior
convictions
specified
types
offenses
including
burglary
unlawful
person
convicted
previously
felony
possess
firearm
defendant
convicted
violation
subject
provision
issue
case
person
violates
section
title
three
previous
convictions
violent
felony
serious
drug
offense
person
shall
fined
imprisoned
less
fifteen
years
used
subsection
term
violent
felony
means
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
government
sought
sentence
enhancement
taylor
conceded
robbery
assault
convictions
properly
counted
two
three
prior
convictions
required
enhancement
involved
use
physical
force
persons
taylor
contended
however
burglary
convictions
count
enhancement
involve
conduct
presents
serious
potential
risk
physical
injury
another
ii
guilty
plea
conditioned
right
appeal
issue
district
pursuant
sentenced
taylor
years
imprisonment
without
possibility
parole
appeals
eighth
circuit
divided
vote
affirmed
taylor
sentence
ruled
word
burglary
ii
means
burglary
however
state
chooses
define
district
err
using
taylor
missouri
convictions
burglary
enhance
sentence
majority
relied
earlier
decision
portwood
cert
denied
granted
certiorari
resolve
conflict
among
courts
appeals
concerning
definition
burglary
purposes
word
burglary
given
single
accepted
meaning
state
courts
criminal
codes
define
burglary
many
different
ways
see
hill
surveying
number
burglary
statutes
face
federal
enhancement
provision
readily
apparent
whether
congress
intended
burglary
mean
whatever
state
defendant
prior
conviction
defines
burglary
whether
intended
uniform
definition
burglary
applied
cases
government
seeks
enhancement
congress
intended
uniform
definition
burglary
applied
definition
traditional
definition
one
broader
generic
definitions
articulated
model
penal
code
predecessor
statute
definition
specifically
tailored
purposes
enhancement
statute
ii
examining
possibilities
think
helpful
review
background
six
years
ago
congress
enacted
first
version
provision
armed
career
criminal
act
pub
ch
stat
app
supp
iii
repealed
pub
stat
convicted
felon
found
guilty
possession
firearm
three
previous
convictions
robbery
burglary
receive
mandatory
minimum
sentence
imprisonment
years
burglary
defined
statute
felony
consisting
entering
remaining
surreptitiously
within
building
property
another
intent
engage
conduct
constituting
federal
state
offense
act
intended
supplement
law
enforcement
efforts
career
criminals
house
report
accompanying
act
explained
large
percentage
crimes
theft
violence
committed
small
percentage
repeat
offenders
robbery
burglary
crimes
frequently
committed
career
criminals
pp
see
also
house
report
quoted
sponsor
legislation
senator
specter
found
burglary
one
damaging
crimes
society
involves
invasion
victims
homes
workplaces
violation
privacy
loss
personal
valued
possessions
similarly
senate
report
stated
burglary
included
one
common
violent
street
crimes
hile
burglary
sometimes
viewed
crime
character
change
rapidly
depending
fortuitous
presence
occupants
home
burglar
enters
arrival
still
premises
explanation
congress
chose
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burglary
included
appears
senate
report
wide
variation
among
localities
ways
offenses
labeled
absence
definitions
raised
possibility
culpable
offenders
might
escape
punishment
technicality
instance
common
law
definition
burglary
includes
requirement
offense
committed
nighttime
respect
dwelling
however
purposes
act
limitations
appropriate
furthermore
terms
fundamental
fairness
act
ensure
extent
consistent
prerogatives
defining
offenses
type
conduct
punishable
federal
level
cases
five
months
later
amended
present
form
subtitle
career
criminals
amendment
act
abuse
act
stat
amendment
effected
three
changes
taken
together
give
rise
problem
presented
case
expanded
predicate
offenses
triggering
sentence
enhancement
robbery
burglary
violent
felony
serious
drug
offense
defined
term
violent
felony
include
burglary
deleted
definition
burglary
legislative
history
silent
congress
reason
deleting
definition
burglary
reveal
however
general
purpose
approach
career
criminals
amendment
act
two
bills
proposed
current
statutory
language
emerged
compromise
first
bill
introduced
senate
senator
specter
house
representative
wyden
provided
crime
violence
count
toward
three
prior
convictions
required
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enhancement
defined
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violence
offense
element
use
attempted
use
threatened
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force
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another
felony
nature
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force
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may
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course
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offense
sess
sess
second
bill
introduced
house
representatives
hughes
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took
narrower
approach
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crimes
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toward
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state
federal
felony
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use
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use
threatened
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person
another
sess
senator
specter
introduced
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stated
since
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year
half
successful
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robberies
burglaries
definition
career
criminal
time
come
broaden
definition
may
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sweep
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use
important
statute
cong
rec
similarly
house
senate
hearings
bills
witnesses
reiterated
concerns
prompted
original
enactment
enhancement
provision
large
proportion
crimes
committed
small
number
career
offenders
inadequacy
state
prosecutorial
resources
address
problem
see
armed
career
criminal
legislation
hearing
subcommittee
crime
house
committee
judiciary
sess
house
hearing
armed
career
criminal
act
amendments
hearing
subcommittee
criminal
law
senate
committee
judiciary
sess
senate
hearing
issue
consideration
uniformly
referred
expanding
range
predicate
offenses
house
hearing
us
want
see
legislation
expanded
violent
offenders
career
drug
dealers
statement
wyden
think
agree
expand
predicate
offenses
statement
hughes
statement
deputy
assistant
attorney
general
james
knapp
statement
bruce
lyons
national
association
criminal
defense
lawyers
statement
specter
senate
hearing
time
seems
ripe
many
quarters
including
department
justice
expand
armed
career
criminal
bill
include
offenses
statement
specter
statement
attorney
edward
dennis
statement
david
dart
queen
department
treasury
statement
ronald
castille
district
attorney
philadelphia
witnesses
criticized
narrower
bill
excluding
property
crimes
pointing
crimes
present
serious
risk
harm
persons
career
offenders
enhancement
provision
aimed
often
specialize
property
crimes
especially
burglary
see
house
hearing
hope
least
violent
felonies
property
included
people
make
career
commit
hundreds
burglaries
statements
wyden
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castille
testimony
knapp
focused
specifically
whether
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include
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offense
criticized
excluding
serious
felonies
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offenses
thus
inadvertently
narrow
ing
scope
present
armed
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criminal
act
went
say
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raised
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property
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hearing
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hughes
put
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lyons
witness
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back
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history
intent
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offense
hand
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bills
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knapp
hearing
concluded
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representative
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sponsor
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frankly
think
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leave
alone
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law
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possess
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illegally
possesses
transferred
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hearing
term
violent
felony
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term
exceeding
one
year
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use
attempted
use
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force
person
another
ii
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potential
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injury
another
favorably
reported
house
committee
judiciary
report
explained
subcommittee
crime
held
hearing
consider
whether
expand
predicate
offenses
robbery
burglary
existing
law
order
add
effectiveness
hearing
consensus
developed
support
expansion
predicate
offenses
include
serious
drug
trafficking
offenses
violent
felonies
generally
concept
encompassed
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offenses
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felonies
major
question
involved
hearings
violent
felonies
involving
physical
force
property
included
definition
violent
felony
subcommittee
agreed
add
crimes
punishable
term
exceeding
one
year
involve
conduct
presents
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potential
risk
physical
injury
others
add
state
federal
crimes
property
burglary
arson
extortion
use
explosives
similar
crimes
predicate
offenses
conduct
involved
presents
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risk
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person
emphasis
original
useful
observations
may
drawn
first
throughout
history
enhancement
provision
congress
focused
efforts
career
offenders
commit
large
number
fairly
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crimes
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present
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potential
threat
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persons
concern
limited
offenders
actually
convicted
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rejected
house
subcommittee
restricted
predicate
offenses
crimes
actually
involving
violence
persons
legislative
history
also
indicates
congress
singled
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opposed
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crimes
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app
supp
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whether
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prior
conviction
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call
conduct
burglary
example
michigan
offense
formally
labeled
burglary
classifies
burglaries
several
grades
breaking
entering
see
comp
laws
contrast
california
defines
burglary
broadly
include
shoplifting
theft
goods
locked
unoccupied
automobile
see
cal
penal
code
ann
west
supp
chatman
entry
unsecured
window
unoccupied
auto
entry
store
open
public
intent
commit
theft
burglary
california
law
see
also
tex
penal
code
ann
supp
defining
burglary
include
theft
vending
machine
automobile
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cert
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person
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california
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