The Eighth Circuit has held that Minnesota convictions for burglary involving a controlled substance, third degree burglary, and aiding and abetting third degree  burglary are crimes of violence under the residual clause of the sentencing guidelines because they create a risk of a violent confrontation between the burglar and the occupant, the police, or another third party, and thus, present a serious potential risk of physical injury to another.  This definition of a crime of violence is similar to the definition in 18 USC 16(b), which is incorporated into the definition of a crime of violence aggravated felony for immigration purposes.  Though some circuits have held 18 USC 16(b) to be unconstitutionally vague, in those circuits that have not done so, this case may be persuasive evidence that these Minnesota convictions are also aggravated felonies for immigration purposes.

The full text of United States v. Benedict can be found here: