Van Cannon v. United States

Van Cannon pleaded guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1). He was sentenced under the Armed Career Criminal Act (ACCA), which imposes higher penalties on section 922(g) violators who have three prior convictions for a “violent felony” or “serious drug offense.” Van Cannon had five qualifying predicates, including Iowa convictions for burglary and attempted burglary and a Minnesota conviction for second-degree burglary. The judge imposed the mandatory minimum 15-year sentence. In 2015 the Supreme Court (Johnson) invalidated the "residual clause" in the “violent felony” definition. Van Cannon sought relief under 28 U.S.C. 2255, citing Johnson. Days later, the Supreme Court (Mathis) held that Iowa burglary does not qualify under the definition. The government conceded that Iowa attempted burglary and burglary no longer qualified under ACCA but argued harmless error because three predicates remained. The Seventh Circuit reversed the dismissal of Van Cannon's claims. He properly challenged his sentence within one year of Johnson. The Minnesota crime of second-degree burglary is not an ACCA predicate. A burglary counts for ACCA purposes only if its elements match the elements of “generic” burglary: “an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” The Minnesota statute covers a broader swath of conduct, permitting conviction without proof that the offender had the intent to commit a crime at the moment he unlawfully entered or unlawfully “remained in” the structure. View "Van Cannon v. United States" on Justia Law