{"id":2173,"date":"2017-07-08T17:22:18","date_gmt":"2017-07-08T22:22:18","guid":{"rendered":"https:\/\/sentencing.net\/?p=2173"},"modified":"2020-05-28T16:14:43","modified_gmt":"2020-05-28T20:14:43","slug":"texas-burglary-acca-mathis","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/texas-burglary-acca-mathis","title":{"rendered":"Fifth Circuit To Decide If Texas Burglary Qualifies For ACCA Enhancement"},"content":{"rendered":"\r\n
The entire Fifth Circuit Court of Appeals has agreed to decide whether Texas burglary of a habitation under Texas Penal Code 30.02(a)(1) is equivalent to “generic burglary” under the Armed Career Criminal Act (ACCA).\u00a0See<\/em>,\u00a0United States v. Herrold<\/a><\/em>, No. 14-11317 (5th Cir. 2017). \u00a0The court’s decision to rehear\u00a0Herrold<\/em> comes on the heels of the Sixth Circuit’s en banc<\/em> decision in\u00a0United States v. Stitt<\/em><\/a>, No. 14-6158 which held that a conviction under Tennessee’s aggravated burglary statute is not a crime of violence.<\/p>\r\n The ACCA requires enhanced penalties for individuals with three prior qualifying convictions. 18 U.S.C. 924(e). One way for a prior conviction to qualify is if it is an “enumerated offense.” 18 U.S.C. 924(e)(2)(B)(ii). Burglary is such an offense.<\/p>\r\n But long ago the Supreme Court in\u00a0Taylor v. United States<\/em> held that “burglary” under the ACCA means \u201can unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” This is known in the law as “generic burglary.”<\/p>\r\n States often define the crime of burglary differently. In Tennessee, for instance, “aggravated burglary” under Stitt\u00a0<\/em>is not\u00a0“generic burglary” because it covers the breaking and entering of “‘mobile homes, trailers, and tents’ as well as any ‘self-propelled vehicle.'”<\/p>\r\n