Appeal from the United States District Court
for the Eastern District of Tennessee at Greeneville.
Nos. 2:12-cr-00104-1; 2:16-cv-00246—Robert Leon Jordan, District Judge.
Argued: December 7, 2017
Decided and Filed: February 13, 2018
Before: GRIFFIN, KETHLEDGE, and BUSH, Circuit Judges.
KETHLEDGE, Circuit Judge. Daryl Higdon was sentenced as an armed career criminal
based in part on a North Carolina conviction for discharging a firearm into an occupied structure.
The question here is whether that offense—which requires an application of force to an occupied
structure, but not to the occupants themselves—nonetheless counts as an offense that involves
the use “of physical force against the person of another.” 18 U.S.C. § 924(e)(2)(B)(i). We hold
it does not and reverse the district court’s decision to the contrary.