United States v. Nathan E. Gundy

The 'question we confront today is whether Nathan Gundy’s prior burglary convictions in Georgia provide a basis for the enhanced federal sentence he currently serves. The majority and I agree on the basic framework for answering this question and even on how that framework applies here, up to a point. But we differ sharply in our views of Georgia law regarding the elements of the crime of burglary.

The majority and I agree that the Georgia burglary statute under which Mr. Gun-dy previously was convicted sweeps more broadly than the generic crime of burglary that can serve as a basis for an…