United States v. Coleman

OPINION

ROGERS, Circuit Judge.

Keahmbi Coleman challenges his sentence enhancement under the Armed Career Criminal Act (ACCA) on the ground that a violation or attempted violation of Ohio’s third-degree burglary statute, O.R.C. § 2911.12(A)(3), is not categorically a “violent felony.” See 18 U.S.C. § 924(e)(2)(B). Because the burglary or attempted burglary of an “occupied structure” creates a risk of physical injury that is similar to the risk posed by generic burglary, the offense is categorically violent under the residual “otherwise” clause of § 924(e)(2)(B)(ii). The district court therefore…