In the context of a federal sentencing case, the Eighth Circuit has determined that Minnesota's third degree burglary statute does not qualify as a violent felony under the Armed Career Criminal Act (ACCA) because it does not require the defendant to form an intent to commit a crime at the time of his unprivileged entrance.  Given that the ACCA includes burglary offenses (defined similarly to a burglary aggravated felony in the immigration context) as subsets of violent felonies, this case could have persuasive value in the immigration context.

You can read the he full text of US v. McArthur here:

http://media.ca8.uscourts.gov/opndir/16/09/143335P.pdf

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