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

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TABLE OF CONTENTS–Continued iii Page 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
TABLE OF CONTENTS–Continued iv Page 3. Possession of an unregistered sawed-off shotgun is similar to the enumerated offenses in the kind of risk posed because it serves no lawful purpose. .......................................................................................... 24 C. Even if this Court were to require “purposeful, violent, and aggressive conduct,” the possession of an unregistered sawed-off shotgun would still qualify as a violent felony. ...................................................................................... 27 Conclusion ............................................................................................................................... 28 Appendix .............................................................................................................................. A-1
Page 1 and 2: No. 13-201 ________________________
Page 3: TABLE OF CONTENTS ii Page Questions
Page 7 and 8: TABLE OF AUTHORITIES-Continued vi P
Page 9 and 10: TABLE OF AUTHORITIES-Continued B. F
Page 11 and 12: investigators quickly determined th
Page 13 and 14: Procedural History On October 1, 20
Page 15 and 16: eckless conduct. Other felony offen
Page 17 and 18: The three seminal rulings governing
Page 19 and 20: Amendment intrusion was outweighed
Page 21 and 22: go on unlimited fishing expeditions
Page 23 and 24: had waited for a search warrant to
Page 25 and 26: The First Circuit found a protectiv
Page 27 and 28: determine whether an offense qualif
Page 29 and 30: eexamined the same issue in light o
Page 31 and 32: F.3d at 7 (commenting that Congress
Page 33 and 34: Subcommittee on Crime of the House
Page 35 and 36: only other listed offenses involvin
Page 37 and 38: The possession of an unregistered s
Page 39 and 40: U.S. Const. amend. IV APPENDIX Rele
Page 41 and 42: (h) to receive or possess a firearm
Page 43 and 44: term applies regardless of whether
Page 45: U.S. Sentencing Guidelines Manual

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