Appeal from the United States District Court
for the Eastern District of Tennessee at Winchester.
No. 4:12-cr-00019-1—Harry S. Mattice Jr., District Judge.
Decided and Filed: June 27, 2017
Before: COLE, Chief Judge; BOGGS, BATCHELDER, MOORE, CLAY, GIBBONS,
ROGERS, SUTTON, COOK, McKEAGUE, GRIFFIN, KETHLEDGE,
WHITE, STRANCH, and DONALD, Circuit Judges.
COOK, Circuit Judge. In 2007, we held that a conviction under Tennessee’s aggravatedburglary
statute, Tenn. Code Ann. § 39-14-403, categorically qualifies as an enumerated “violent
felony” that triggers a sentencing enhancement under the Armed Career Criminal Act
(“ACCA”), 18 U.S.C. § 924(e). United States v. Nance, 481 F.3d 882, 887 (6th Cir. 2007);
see also United States v. Priddy, 808 F.3d 676, 684 (6th Cir. 2015). Several years later, we
reached the opposite conclusion about Ohio’s similarly worded burglary statute, Ohio Rev. Code
§ 2911.12(A)(3). United States v. Coleman, 655 F.3d 480, 482 (6th Cir. 2011), abrogated on
other grounds by Johnson v. United States, 135 S. Ct. 2551, 2563 (2015). We resolve this
conflict by overruling Nance and holding that a conviction for Tennessee aggravated burglary is
not a violent felony for purposes of the ACCA.