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Ohio Breaking and Entering, 3rd-Degree Burglary Conviction Qualify as ACCA Violent Felonies

By Shari Allison

US v. Scoville, 2009 WL 929521 (10th Cir. April 8, 2009) publishedDefendant was properly sentenced as an armed career criminal. His Ohio breaking and entering conviction does not categorically qualify as generic burglary, but under modified approach, it qualified as generic burglary because he pled guilty to unlawfully entering a building (a laundromat) with intent to commit a crime. His Ohio third degree burglary convictions qualified as violent felonies under the catchall "otherwise involve[d] conduct that presents a serious risk of potential physical injury to another." Third degree burglary prohibited trespass into a habitation with purpose to commit a misdemeanor that is not a theft offense. The Court reasoned that although the offenses are not generic burglary, they "typically involve unlawful entry into a home ...continue to full post

Full post as published by Tenth Circuit Blog on April 10, 2009 (boomark / email).