United States v. Carlos Hutchinson, 27 F.4th 1323

Hutchinson was stopped in Iowa; officers found a pistol and ammunition; he pled guilty to possession of a firearm by a prohibited person under 18 U.S.C. §§ 922(g)(1) and (g)(3).
A PSIR identified three prior Texas burglary convictions and recommended ACCA enhancement under 18 U.S.C. § 924(e)(1), producing a mandatory minimum 15-year term.
Two indictments alleged entry with intent to commit theft, but Hutchinson challenged whether Texas Penal Code § 30.02(a)(3) matches the Taylor generic-burglary definition because it lacks an explicit pre-entry specific-intent element.
The district court adopted the Fifth Circuit’s reasoning in United States v. Herrold and concluded § 30.02(a)(3) contains the requisite specific-intent requirement, treating Hutchinson as an armed career criminal.
Hutchinson appealed the ACCA enhancement; the Eighth Circuit reviewed de novo whether § 30.02(a)(3) requires specific intent to commit a crime and affirmed the district court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Tex. Penal Code § 30.02(a)(3) is a categorical match to generic burglary for ACCA purposes	Hutchinson: the statute is indivisible but § 30.02(a)(3) lacks the specific-intent element required by Taylor and thus is broader than generic burglary	Government/District Court: Texas law and precedent (including DeVaughn and Herrold) show § 30.02(a)(3) inherently requires intent and therefore matches Taylor	Court: Affirmed; § 30.02(a)(3) contains the generic specific-intent requirement so Hutchinson’s Texas burglary convictions qualify as ACCA predicates; did not resolve timing-of-intent question

Taylor v. United States, 495 U.S. 575 (defines generic burglary for ACCA)
Descamps v. United States, 570 U.S. 254 (categorical approach for predicate offenses)
United States v. Herrold, 941 F.3d 173 (5th Cir.) (construing Texas § 30.02(a)(3) as satisfying generic burglary)
United States v. Pena, 952 F.3d 503 (4th Cir.) (Texas burglary qualifies as generic burglary)
Van Cannon v. United States, 890 F.3d 656 (7th Cir.) (similar-state statute held broader than generic burglary)
Gonzalez v. Wilkinson, 990 F.3d 654 (8th Cir.) (discussing realistic-probability test under categorical approach)
DeVaughn v. State, 749 S.W.2d 62 (Tex. Crim. App.) (Texas court explaining that an attempted or completed crime under § 30.02(a)(3) supplants the specific-intent language in other subsections)
Duenas-Alvarez v. Gonzales, 549 U.S. 183 (framework for realistic-probability inquiry)