US v. Mutee, No. 17-15415 (4-4-19)(Per curiam w/ Wallace, Rawlinson, and Watford). (Editorial Note: This is an Az FPD habeas case). In a Johnson habeas, the 9th decides that a conviction under North Carolina’s breaking and entering statute qualifies as a predicate felony for ACCA. 

Petitioner here argues that the statute is overbroad. Petitioner argues that the state statute can include mobile homes. However, recently, the Supreme Court in US v. Stitt, 139 S.Ct 399 (2018) held that generic burglary includes burglary of mobile structures used or adapted for overnight accommodations. Petitioner’s argument relied on pre-Stitt 9th Cir precedent, US v. Grisel, 488 9th Cir 844 (9th Cir. 2007) (en banc), which held that generic burglary requires entry of a structure designed for occupancy in one place. This panel therefore abrogates Grisel’s “use of one place” in light of Stitt.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/04/17-15415.pdf