United States Fourth Circuit

In a conviction of defendant for illegal reentry, district court's judgement of an enhanced sentence based on defendant's prior conviction for burglary is affirmed as, defendant's conviction under Texas Penal Code section 30.02(a)(3) substantially corresponds to the elements of generic burglary as outlined in Taylor v. US and thus qualifies as a "crime of violence" for sentencing purposes. Further, as to the element of intent to commit a felony, theft, or assault at the moment of entry, the Texas law satisfies Taylor's description of generic burglary, notwithstanding that defendant may not have formulated his intent prior to the unlawful entry.

Appellate Information

• Decided 07/17/2012
• Published 07/17/2012

Judges

• Diaz

Court

• United States Fourth Circuit

Counsel