United States v. Darrel Duane Grisel

BEA, Circuit Judge, with whom KLEINFELD and TALLMAN, Circuit Judges,

join, dissenting:

The Supreme Court, as recently as April 18, 2007, has explained in clear terms the reason burglary is included as a predicate offense in the Armed Career Criminal Act of 1984 (“ACCA”), 18 U.S.C. § 924(e)(2)(B)(ii):

The main risk of burglary arises not from the simple physical act of wrongfully entering onto another’s property, but rather from the possibility of a face-to-face confrontation between the burglar, and a third party — whether an occupant, a police officer, or a bystander— who comes to investigate.

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