Ernest D. Shields v. United States
Ernest D. Shields v. United States
Opinion
In this appeal of a denial of a petition for review under
I.
Ernest Shields parked his car partially in a crosswalk, in violation of a Chicago municipal ordinance. Two officers approached Shields, who was sitting in the
*1022
driver's seat, and asked to see his driver's license. When they told Shields to get out of the car, he bolted. An officer chased him, tackled him to the ground, and discovered that he was carrying a gun. Shields was charged as a felon in possession of a firearm,
see
Shields then moved under
(B) the term "violent felony" means any crime punishable by imprisonment for a term exceeding one year ... that-
(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves use of explosives[.]
The district court denied the motion. The judge concluded that residential burglary was an enumerated offense under the Act because the crime of burglary in Illinois aligns with the federal definition of burglary. The judge also determined, based on our precedent in cases such as
United States v. Dickerson
,
This case arises from a collateral attack, but the United States waived all procedural defenses in its brief on appeal.
See
Smith v. United States
,
II.
Shields first argues that his conviction for Illinois residential burglary cannot be a predicate violent felony because it is not an enumerated offense. He stresses that the enumerated clause mentions "burglary," not "residential burglary."
See
Shields next argues that even if residential burglary is an enumerated offense, the elements of the Illinois burglary statute are broader than generic burglary under the "categorical approach."
Mathis v. United States
, --- U.S. ----,
In Illinois, "[a] person commits residential burglary who knowingly and without authority enters the dwelling place of another with the intent to commit therein a felony or theft." 720 ILCS 5/19-3(a). (This version of the statute was in effect from 1982 to 2001 and was applied when Shields was convicted in 1994.) Another statute defines "dwelling":
(a) Except as otherwise provided in subsection (b) of this Section, "dwelling" means a building or portion thereof, a tent, a vehicle, or other enclosed space which is used or intended for use as a human habitation, home or residence.
(b) For the purposes of Section 19-3 of this Code, "dwelling" means a house, apartment, mobile home, trailer, or other living quarters in which at the time of the alleged offense the owners or occupants actually reside or in their absence intend within a reasonable period of time to reside.
720 ILCS 5/2-6. (This statutory provision has defined the term "dwelling" since 1987.)
Shields contends that the Illinois residential burglary statute sweeps more broadly than the federal definition of burglary because Illinois defines "dwelling" expansively. The statutory text, Shields argues, contemplates burglaries of tents, airplanes, and cars, none of which would be included in the federal definition. The Supreme Court has defined burglary as "an unlawful or unprivileged entry into, or remaining in, a
building or structure
, with intent to commit a crime."
Taylor
,
Smith
forecloses Shields's reading of the Illinois statute.
III.
Shields next turns to his 2003 conviction for armed robbery under Illinois law and argues that it is not a violent felony. Shields maintains that the armed robbery statute requires only minimal force.
To decide if the crime is a violent felony, we ask whether the Illinois robbery statute "has as an element the use, attempted use, or threatened use of physical force against the person of another."
(a) A person commits robbery when he or she takes property, except a motor vehicle covered by Section 18-3 or 18-4, from the person or presence of another by the use of force or by threatening the imminent use of force .
720 ILCS 5/18-1(a) (emphasis added). Armed robbery tacks on the following requirements to the simple robbery statute:
(a) A person commits armed robbery when he or she violates Section 18-1 ; and
(1) he or she carries on or about his or her person or is otherwise armed with a dangerous weapon other than a firearm; or
(2) he or she carries on or about his or her person or is otherwise armed with a firearm; or *1024 (3) he or she, during the commission of the offense, personally discharges a firearm; or
(4) he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.
720 ILCS 5/18-2 (emphasis added). Shields maintains that none of these additional requirements alludes to force. But this argument overlooks the force requirement in the simple robbery statute that is incorporated into the armed robbery statute by cross-reference.
Having identified the force requirement in the statute, we next assess how Illinois courts apply that statute to convict someone of robbery.
Descamps,
Shields argues that our cases suggesting that Illinois robbery requires sufficient force to be a predicate violent felony are inapposite. He contests the application of
Chagoya-Morales
because that defendant was convicted of aggravated robbery, whereas Shields was convicted of armed robbery. But Shields's attempt to distinguish
Chagoya-Morales
is unpersuasive. The defendants may have been charged with different crimes, but
Chagoya-Morales
hinged on the "plain language" in the statute that a defendant must "use" or "threaten to use" force,
For the foregoing reasons, we AFFIRM the district court's denial of Shields's § 2255 petition.
Reference
- Full Case Name
- Ernest D. SHIELDS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
- Cited By
- 21 cases
- Status
- Published