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Home / Opinion Digests / Criminal Law / Enhancement Upheld for ‘Generic’ Burglary (access required)

Enhancement Upheld for ‘Generic’ Burglary (access required)

A defendant convicted of illegal entry can have his sentence enhanced for his prior Texas conviction for burglary of a habitation, which the 4th Circuit says satisfies the definition of generic burglary under Taylor v. U.S., 495 U.S. 575 (1990). When defendant pleaded guilty to illegal entry under 8 U.S.C. § 1326, the district court applied ...