A divided Sixth Circuit has affirmed a 377-month sentence imposed under the Armed Career Criminal Act, holding that burglary under Texas Penal Code § 30.02(a)(3) is an indivisible offense that substantially corresponds to generic burglary. The majority reasoned that under Texas case law the completed or attempted felony, theft, or assault supplies the intent element, so the statute does not reach conduct broader than generic burglary, joining the Fourth, Eighth, and en banc Fifth Circuits. This is a federal criminal case rather than an immigration case, but it involves the categorical approach used in removability analysis.

The full text of United States v. Mixon can be found here: https://www.opn.ca6.uscourts.gov/opinions.pdf/26a0278p-06.pdf

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