584 F. App'x 263
5th Cir.2014Background
- Defendant Joshua Wallace pleaded guilty to being a felon in possession of a firearm and was sentenced on remand with an Armed Career Criminal Act (ACCA) enhancement under 18 U.S.C. § 924(e).
- ACCA requires three prior convictions for violent felonies; Wallace had burglary convictions in Limestone County and Navarro County (both second-degree under Texas law) plus a conceded escape conviction.
- Texas Penal Code § 30.02 contains three alternative burglary subsections: (a)(1) (entering a habitation/building with intent to commit theft/felony/assault), (a)(3) (enter and commit or attempt felony/theft/assault), and (c)(2) (punishment provision converting habitation burglaries to second-degree felonies).
- The legal question centered on whether Wallace’s Texas burglary convictions qualify as generic burglary (a violent felony under ACCA), given ambiguities in the judgments that listed only the punishment subsection (§ 30.02(c)(2)).
- The district court relied on the modified categorical approach and Wallace’s judicial confessions in the records to conclude both burglaries satisfied the elements of § 30.02(a)(1) (intent at entry), making them ACCA predicates.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wallace’s Limestone County burglary conviction is a qualifying ACCA violent felony | N/A (government argues it is a predicate) | Wallace: conviction is second-degree; therefore must be under § 30.02(a)(3) (no intent-at-entry), so not a generic burglary | Court: Judgment plus Wallace’s oral judicial confession establish elements of § 30.02(a)(1); qualifies as a predicate |
| Whether Wallace’s Navarro County burglary conviction is a qualifying ACCA violent felony | N/A (government argues it is a predicate) | Wallace: § 30.02(c)(2) punishment designation shows absence of intent element, so should be treated as (a)(3) and not a predicate | Court: Indictment allegations and judicial confession show elements of § 30.02(a)(1); qualifies as a predicate |
Key Cases Cited
- Taylor v. United States, 495 U.S. 575 (1990) (defines generic burglary elements for federal sentencing)
- United States v. Constante, 544 F.3d 584 (5th Cir. 2008) (applies Taylor to Texas burglary subsections and rejects (a)(3) as generic burglary)
- United States v. Silva, 957 F.2d 157 (5th Cir. 1992) (holds § 30.02(a)(1) constitutes burglary of a dwelling under the Guidelines)
- United States v. Conde-Castaneda, 753 F.3d 172 (5th Cir. 2014) (applies the modified categorical approach and judicial confession doctrine where judgment lists only § 30.02(c)(2))