The Eighth Circuit has determined that Minnesota's second- and third-degree burglary statutes are overbroad as compared to the generic definition of burglary because they do not require the defendant to have the intent to commit a crime at the moment of the unprivileged entry.  The court also determined that the statutes are indivisible.  Given the similarity between the generic definition of burglary in the criminal and immigration contexts, this decision could have persuasive value in the immigration context.

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