Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 1:14-cr-00029—Robert J. Jonker, Chief District Judge.
Decided and Filed: March 10, 2017
Before: SILER, MOORE, and GRIFFIN, Circuit Judges.
SILER, Circuit Judge. Defendant Jamar Quarles appeals his sentence, including the
district court’s determination that Michigan’s crime of third-degree home invasion is equivalent
to generic burglary, thus constituting a predicate offense under the Armed Career Criminal Act
(“ACCA”). Specifically, he argues that the Michigan statute: (1) includes locations that are
broader than generic burglary and (2) does not properly have an intent-upon-entry element that is
required under generic burglary. If Quarles succeeds on his challenge, he also challenges a
three-point increase in criminal history. We affirm the district court’s determination that
Michigan’s crime of third-degree home invasion is categorically equivalent to generic burglary.