No. 20-7701October Term 2020Decided Oct 4, 2021
Gann v. United States
The key question is whether Tennessee's broader burglary law can still be used to increase a federal sentence under the Armed Career Criminal Act.
Case status
- Current stage
- Decided
- Latest event
- Decision released Oct 4, 2021
- What it's about
This case asks whether a Tennessee aggravated burglary conviction can be used to increase a federal sentence under the Armed Career Criminal Act. The dispute is over whether Tennessee’s burglary law matches the federal definition of “generic burglary” even though it does not require proof that the defendant specifically intended to commit a crime when entering or remaining in the building.
Question presented
Is a burglary statute that omits the element of specific intent a generic “burglary” for purposes of the Armed Career Criminal Act, 18 U.S.C. § 924(e)?
- Case path
United States Court of Appeals for the Sixth Circuit / Decision released Oct 4, 2021
- Area
Decided Supreme Court case
Briefing
What it's about
Gann v. United States asks whether a Tennessee aggravated burglary conviction counts as generic burglary under the Armed Career Criminal Act. The fight is over Tennessee's law not requiring proof that the person specifically intended to commit a crime when entering or staying in a building.
Vote
No oral argument is scheduled yet. Gann says Tennessee's burglary law is broader than generic burglary because it omits a specific-intent element, while the lower court treated the Tennessee offense as matching generic burglary for sentence enhancement purposes.
Impact
The answer could affect whether past Tennessee burglary convictions trigger longer federal prison sentences under the Armed Career Criminal Act. For example, a defendant with several prior convictions could face a much higher sentence if those convictions count as qualifying burglaries.
What's next
The Court has not scheduled oral argument. Watch for another scheduling move or argument date; no decision window is available yet.
What is the core legal fight in Gann v. United States?
The case asks whether Tennessee aggravated burglary matches generic burglary under federal law. The dispute centers on Tennessee not requiring specific intent to commit a crime.
Why could this case matter for federal sentences?
If Tennessee convictions count, some defendants could face longer prison terms under the Armed Career Criminal Act. If they do not, those sentence increases may not apply.
What should court watchers look for next in this case?
Watch for a scheduling move from the Supreme Court, including whether it sets oral argument. Right now, no argument date or decision window is available.
Decision
What the Court decided
The key question is whether Tennessee's broader burglary law can still be used to increase a federal sentence under the Armed Career Criminal Act.
Impact
The answer could affect whether past Tennessee burglary convictions trigger longer federal prison sentences under the Armed Career Criminal Act. For example, a defendant with several prior convictions could face a much higher sentence if those convictions count as qualifying burglaries.
Not official Court text.
Opinion documents
Timing
Decided October 4, 2021
The Court released its decision on October 4, 2021 without hearing oral argument.
Documents
Related cases




Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 2, 2026
- Method
- Methodology