This section contains the nature of the case and procedural background.

The Armed Career Criminal Act (ACCA), mandates a minimum 15-year prison sentence for a felon who unlawfully possesses a firearm and has three prior convictions for a “serious drug offense” or “violent felony.” “Burglary” means “unlawful or unprivileged entry into, or remaining in, a building or structure, with intent to commit a crime.” Police responded to a 911 call. The caller, Chasity Warren, told the officers that she had just escaped from her boyfriend, D. D had threatened her at gunpoint and also hit her. While Police talked to her, D drove by. D was arrested and inside his home, they found a semiautomatic pistol. D pled guilty to being a felon in possession of a firearm. D had at least three prior convictions and qualified under ACCA. One conviction was for third-degree home invasion stemming from an attempt to chase down an ex-girlfriend who had sought refuge in a nearby apartment. D argues that the home invasion did not qualify as a burglary under §924(e). In Michigan, a person commits third-degree home invasion if he or she “breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a misdemeanor.” D claimed the state statute swept too broadly to qualify as burglary under §924(e) because it encompassed situations where the defendant forms the intent to commit a crime at any time while unlawfully remaining in a dwelling, not at the exact moment when the defendant is first unlawfully present in a dwelling. The court rejected the premise and D was sentenced and appealed. The Sixth Circuit affirmed. The Supreme Court granted certiorari.

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