against the united states morning your honor is bill tice for mr smith made please the court the crucial issue in this case is that illinois residential burglary is categorically broader than the somebody or the dwelling place and then in turn is defined as as living quarters and they give some examples of mobile homes and trailers so right away there's a a problem the main thrust of the government's argument is is that residence for illinois burglary is really the same is the building that's talked about in in taylor but that's not what the  statute says the government cherry picked some language from various illinois cases to talk about buildings when there was really no issue as to the place that was burglarized but the key illinois supreme two terms in the residential burglary statute did you think are problematic want to smallville and the other is traver so why don't we just address whether each of them comes within the generic is it's a bit of prefabricated housing which is mobile only when it's being moved to a site where it's hooked up to utilities and acts just like any other unit of i was and i'm misunderstanding what a mobile home is  i think you are and i don't speak from a personal experience but mobile homes also include pretty much the same objects that stay in a place for years and years and years but also objects that can be moved around end or moved around when well mobile home can be you can take it off its foundation and move it of course you can also move a traditional home is just takes more work but what i'm trying to figure out is why that makes a difference for the purpose of a why how easy it is to move all well taylor really doesn't doesn't speak to that so i don't think we're going to get any unlike him and from from taylor they didn't talk about mobile homes and in in taylor button right so what do we do about trailer d i can imagine two meanings of the word traitor one is that is just a somewhat smaller mobile home and again it's covered by the residential burglary statute when it's put in place is on a site and hooked up to utilities and is acting just as a house the other is that it's something you trail around behind your car and go visit a national park in its heavily include has the illinois judiciary addressed which of those meanings the term haves they they have have not they they really just focused on the general definition of of dwelling place and most why why then if the state court hasn't said that a trailer is anything you hitch behind a car wash should we assume that that's what its meaning is rather than treat its meaning as booked up the utilities and being used to live in full time well here here we come back to the categorical test that if we say a trailer is something that can stay in one place for a pretty long time or it's something that can be pulled around t national parks we've we've got the the the problem that you have to look at what is the outermost limits of the definition and the statute talks about trailers a those are really examples of a more general test that the statute sets out i would say that any place where a person has living quarters in which they are actually residing where they intend to reside returned to  there are no such cases that that i have found but i would urge you to consider that when you're looking at the statute you certainly aren't titled and indeed required to look at the ordinary meaning of the words in the in the statute it doesn't take any great stretch of imagination to say that a trailer is something that can be pulled around i've read i don't know how true it is that during the summers justice clarence thomas and his wife get in an r v and so it's just not covered by the burglary statured unless i'm completely misunderstanding the actual words of that statute i think that the words in include that and the only how approach which words include a mobile home the words that talk about me which words include a winnebago roughly  winnebago is included in that mobile home and it's also included in other living quarters in which at the time of the alleged offense the owners are occupants actually well  it's a white definition but it's it's the one that comes from any sort of native state cases involve prosecutions for breaking into that type of thing in illinois know but you know it's not like this is some esoteric thing that couldn't happen now i would also point out that this definition about living quarters includes vessels and includes boats that's where people can can't live and that's not any sort of bizarre crazy law school hypothetical those are are all included in the in the illinois statute  the only thing i would point out is is that at one point the government presented a harmless error argument based on mr smith's misdemeanor commit convictions and the government has now retreated from that so that's not really in th court in shepherd use those terms as synonymous with the phrase enclosed space that is consistent with how the illinois where the chicken coop was an enclosed space but i take it as given that it chicken coop is outside i'm very interested in what you'll annoy itself has said this step to over do you know whether the one on it covers the thing you might go to win a national park in or a motorhome that's rolling around on highways to see the so it's the government did do case law research within illinois to try to find any case involving mobile homes trailers r v s we did not find any cases like that that were prosecuted under nineteen dash three the cases that are more like a vehicles which typically appears to be a vehicle that's parked in the garage or in a driveway of a house the illinois courts distinguish between dash one which which is that normal burglary statute which addresses and specifically enumerates vehicles and one thousand dash three which the courts have said specifically exclude vehicles which is consistent with the generic definition under been interpreted as consistent with the vehicle code i think that that includes items or movable conveniences that are used for transportation purposes so the government's position would be that is an r v that is places that even if op people reside in them are primarily designed for transportation rather than as a fixed living space like a mobile home or the type of trailer the judge mr parker is referring to in his questions to mr tice but about the code itself does not one the piece burglary offense refers to breaking and entering of a motor vehicle as defined in the illinois vehicle code and i think that the vehicle code in turn if i'm remembering correctly defines it as something along the lines as a movable convenience used for transportation something like that and so i think that that naturally would include the you know a normal car a r v except for a and not  noted it is natural to read these terms in conjunction with each other the illinois definition six dash to be which defines the dwelling place of another requires it be used for residence or intended for residence within a reasonable period of time which makes that house trailer more like a place with them that is set for a fixed residence rather than something that's pulled behind a three it's also consistent with this or it's footnote in heaney which comes close to matheson indicates that the court views the definitions of the dwelling place of another as consistent with the definition of generic burglary in taylor  probably not a holding it is not your honor your crafted it it does indicate that the court viewed it there's to be a distinction for matches purposes and and terms and looking at what's required by taylor that there is a commit residential burglary in those areas if if someone is living in that space that enclosure even an automobile unfortunately nowadays some people liv