Great win for AFPD Paul Nelson out of the Western District of Michigan!!
United States v. Ritchey, 15-2460
The Court has held that Michigan's breaking and entering statute, Mich. Comp. Laws § 750.110, is broader than the generic definition of burglary. Further, because it had a broader definition of "building", which included means of committing the offense, it could never qualify as an enumerated burglary offense. Thus, Ritchey's 180 month sentence was unconstitutional.
Also important was the Court's ruling that Ritchey did not waive his claims. The Government on appeal argued that because Ritchey agreed, at his plea hearing, that his priors qualified under the ACCA, he had waived the argument for appeal. But the Court found "regardless of whether he
conceded this point, Ritchey could not have waived or intentionally relinquished an argument
based on Mathis because the case was decided after his sentencing."