United States First Circuit

In an en banc opinion, sentence for non-residential burglary is vacated and remanded where: 1) a prior conviction for burglary not of a dwelling is not per se a "crime of violence"; and 2) whether a prior conviction for non-residential burglary is a "crime of violence" turns on the application of a categorical approach under Career Offender Sentencing Guideline, U.S.S.G. section 4B1.2(a)(2)'s residual clause.

Appellate Information

• Decided 12/22/2008
• Published 12/22/2008

Judges

Court

• United States First Circuit

Counsel