The Eighth Circuit has determined that a Missouri conviction for second-degree burglary is not a violent felony under the Armed Career Criminal Act (ACCA) because it criminalizes conduct outside the generic definition of burglary offenses. The court found that the statute was overbroad because it criminalized entry into any building or inhabitable structure, and that these alternatives were means and not elements of the statute. Given the similarity between the definition of burglary under the ACCA and in immigration proceedings, this case may have persuasive value in the immigration context.
The full text of United States v. Naylor can be found here: