United States v. Wallace, No. 17-40007 (5th Cir. 2020)Annotate this Case
The Fifth Circuit affirmed the district court's denial of a 28 U.S.C. 2255 motion for post-conviction relief. The court held that defendant's three prior Texas burglary convictions under Texas Penal Code 30.02 are generic and thus qualified defendant for an enhanced sentence under the Armed Career Criminal Act (ACCA). Defendant's arguments to the contrary are foreclosed by United States v. Herrold (Herrold II), 941 F.3d 173 (5th Cir. 2019) (en banc).