United States v. Herrold, No. 14-11317 (5th Cir. 2019)Annotate this Case
On remand from the Supreme Court, the Fifth Circuit held that the Texas burglary statute, Penal Code 30.02(a)(3), is generic. Therefore, defendant's three prior felonies were qualifying predicates for a sentence enhancement under the Armed Career Criminal Act.
The court held that the Supreme Court's intervening decisions in Quarles v. United States and United States v. Stitt foreclosed defendant's principal grounds for contesting his sentence. The court rejected defendant's claim that section 30.02(a)(3) lacks a requirement that an offender form a specific intent to commit another crime; that generic burglary requires a plan to commit another crime, while section 30.02(a)(3) requires only that one commit or attempt to commit a felony, theft, or an assault; that generic burglary requires breaking and entering or similar unlawful activity, while section 30.02(a)(3) requires none; and that "burglary," as used in the ACCA, is unconstitutionally vague. Accordingly, the court affirmed defendant's conviction and sentence.
This opinion or order relates to an opinion or order originally issued on February 12, 2016.