The Eighth Circuit has concluded, in light of the decision in Mathis v. United States, that the Missouri statute defining second degree burglary is divisible, in so much as the alternative places listed (a building or inhabitable structure) are elements of the statute.  Thus, under the modified categorical approach, a conviction for burglarizing a building matches the generic definition of burglary under federal sentencing law, and thus, qualifies as a violent felony under the  Armed Career Criminal Act (ACCA).  Given the similarity between the definition of burglary for ACCA purposes and the definition of a burglary aggravated felony, this case could have persuasive value in the immigration context.

The full text of U.S. v. Sykes can be found here: