The Eighth Circuit, interpreting Supreme Court precedent, determined that “burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation” qualifies as generic burglary. As such, it reversed its prior precedent and determined that an Arkansas residential burglary conviction, which includes burglary of certain types of vehicles, also matches the definition of generic burglary. Given the similar definitions of generic burglary in the criminal and immigration contexts, this case could have persuasive impact in the immigration context.

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