United States v. Cesar Bernel-Aveja

Even though amendments to the Sentencing Guidelines effective November 1, 2016 eliminated “burglary of a dwelling” as an enumerated, predicate offense in determining whether a Sentencing Guidelines enhancement applies,1 how courts define generic burglary continues to be of importance. “Burglary” is an enumerated predicate offense in the Armed Career Criminal Act .(ACCA),2 and the definition of “aggravated felony” for purposes of immigration laws includes “burglary.”3

Because of the importance of the issue, I am taking the unusual step of filing a concurring opinion, with the opinion I have…