United States v. Herrold

Texas Penal Code 30.02(a)(1) and (a)(3) are not distinct offenses, but are rather separate means of committing one burglary offense. To the extent that it was inconsistent with this holding, the Fifth Circuit overruled its earlier decision in United States v. Uribe. Applying the categorical approach, the court held that because Texas Penal Code 30.02(a)(3) is plainly broader than generic burglary, and because Texas Penal Code 30.02(a)(1) and (a)(3) are indivisible, neither of defendant's two convictions under the Texas burglary statute may serve as the predicates of a sentence enhancement under the Armed Career Criminal Act. Accordingly, the court vacated defendant's sentence and remanded for resentencing. View "United States v. Herrold" on Justia Law