162047P.pdf   04/05/2018  United States  v.  Charles Naylor, II
   U.S. Court of Appeals Case No:  16-2047
   U.S. District Court for the Western District of Missouri - Kansas City   
   [PUBLISHED] [Kelly, Author, for the Court En Banc} Criminal case - 
   Sentencing. Naylor's Missouri convictions for second-degree burglary in 
   violation of Mo. Rev. Stat. Section 569.170 (1979) do not qualify as 
   violent felonies under the Armed Career Criminal Act, and his sentence is 
   vacated and the matter is remanded to the United States District court for 
   resentencing. Based on the court's review of the Missouri case law and the 
   text of the Missouri second-degree burglary statute, Missouri law 
   established that the phrase "building or inhabitable structure" specifies 
   means, not elements; because Missouri law provided a clear answer, the 
   court need not "peek at the record documents" of Naylor's convictions; 
   Missouri's second-degree burglary statute covered more conduct than does 
   generic burglary, and the convictions do not, therefore, qualify as 
   violent felonies under the ACCA. Judge Colloton, concurring in the 
   judgment, joined by Judge Wollman and Judge Gruender. Judge Loken, 
   dissenting, joined by Judge Shepherd. Judge Shepherd, dissenting, joined 
   by Judge Loken. 
  
162047U.pdf   03/28/2017  United States  v.  Charles Naylor, II
   U.S. Court of Appeals Case No:  16-2047
   U.S. District Court for the Western District of Missouri - Kansas City   
   [UNPUBLISHED] [Per Curiam - Before Riley, Wollman and Kelly, Circuit 
   Judges] 
   Criminal case - Sentencing. Missouri's second-degree burglary statute is 
   divisible and the court will apply the modified categorical approach to 
   determine whether defendant's convictions pursuant to Mo. Rev. Stat. 
   Section 569.170(1) match the generic description of burglary; documents in 
   the case show his crimes involved burglary of buildings, and the 
   convictions did qualify as predicate felonies for purposes of Armed Career 
   Criminal Act sentencing. Judge Kelly, concurring.