In the Supreme Court of the United States In the Supreme Court of ...

TABLE OF CONTENTS–Continued
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B. The Officer’s protective sweep was reasonable because the Officer was
legally on the premises, the Officer had reasonable suspicion of an
unknown danger, and the officer limited the sweep in both scope and
duration. ........................................................................................................... 12
1. The Officer was legally on the Convict’s premises for a legitimate
law enforcement purpose because the Convict consented to the
Officer’s presence in the home and the Officer was securing the
Convict’s
neighborhood following a burglary. ........................................................... 12
2. The Officer had reasonable suspicion that a dangerous individual was
on the premises because witnesses had seen the burglar fleeing in the
direction of the Convict’s house and the Officer knew that the
Convict had a known criminal past. ........................................................... 14
3. The Officer limited the sweep in scope and duration because the
Officer looked briefly into an adjoining room and not into a sensitive
area of the house. ....................................................................................... 15
II. The Thirteenth Circuit erred, as a matter of law, by not holding that
possession of an unregistered sawed-off shotgun is a violent felony under the
ACCA because such possession involves conduct that presents a serious
potential risk of physical injury to another that is similar in degree and in
kind, to the enumerated offenses. ............................................................................ 17
A. This Court should apply the Begay test, as modified by Sykes, when
analyzing the possession of a sawed-off shotgun as a violent felony under
the residual clause. ............................................................................................ 17
B. Possession of an unregistered sawed-off shotgun is a violent felony
because it involves conduct that presents a serious potential risk of injury
to others that is similar in degree and in kind, to the enumerated offenses. ......... 19
1. Possession of an unregistered sawed-off shotgun presents a serious
potential risk of physical injury to another because it is inherently
dangerous. ................................................................................................. 20
2. Possession of an unregistered sawed-off shotgun presents a degree of
risk similar to the enumerated offenses because it serves no lawful
purpose. ..................................................................................................... 21