Friday, April 22, 2011

Facilitation of Burglary NOT a Violent Felony

Just a quick note on a good opinion.

United States v. Vanhook, No. 09–5778, 2011 U.S. App. LEXIS 7884 (6th Cir. Apr. 18, 2011). The court considered Tennessee’s offense of facilitating a burglary. The court found that "there remains little question that the act of facilitating the burglary of a building creates a serious risk of violence." The offense may have presented such a risk, but the court found it is not a violent felony for Armed Career Criminal Act purposes because "This is one of the rare cases in which a statute criminalizing ‘knowing’ conduct does not describe conduct sufficiently purposeful to qualify as a violent felony." The court went on to find that its decision was "further buttressed by the fact that facilitation of burglary is not necessarily the type of violent or aggressive crime generally characterized as a violent felony."

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