mathis argued april decided june armed career criminal act acca imposes mandatory minimum sentence defendant convicted felon possession firearm also three prior state federal convictions violent felony including burglary arson extortion ii determine whether prior conviction one listed crimes courts apply categorical approach ask whether elements offense forming basis conviction sufficiently match elements generic commonly understood version enumerated crime see taylor elements constituent parts crime legal definition must proved beyond reasonable doubt sustain conviction distinct facts mere things extraneous crime legal requirements thus ignored categorical approach statute defines single crime single set elements application categorical approach straightforward statute defines multiple crimes listing multiple alternative elements required categorical approach difficult decide whether conviction statute listed acca offense sentencing must discern alternative elements integral defendant conviction determination made possible modified categorical approach permits look limited class documents record prior conviction determine crime elements defendant convicted comparing crime elements generic offense see shepard case involves different type alternatively worded statute one defines one crime one set elements lists alternative factual means defendant satisfy elements petitioner richard mathis pleaded guilty felon possession firearm five prior iowa burglary convictions government requested acca sentence enhancement generic offense burglary requires unlawful entry building structure taylor iowa statute however reaches building structure land water air vehicle iowa code iowa law list places set alternative elements rather alternative means fulfilling single locational element district applied modified categorical approach found mathis burgled structures imposed enhanced sentence eighth circuit affirmed acknowledging iowa statute swept broadly generic statute determined even structures vehicles separate elements alternative means fulfilling single element sentencing still invoke modified categorical approach record showed mathis burgled structures held district treatment mathis prior convictions acca predicates proper held elements iowa burglary law broader generic burglary mathis prior convictions give rise acca sentence enhancement pp case resolved precedents repeatedly held uncertain terms state crime qualify acca predicate elements broader listed generic offense see taylor underlying brute facts means defendant commits crime richardson make difference even defendant conduct fact fits within definition generic offense mismatch elements saves acca sentence acca requires sentencing judge look elements offense facts defendant conduct taylor cases establish three basic reasons adhering inquiry first acca text asks defendant prior convictions indicates congress meant sentencing judge ask whether defendant convicted crimes falling within certain categories done second construing acca allow sentencing judge go raise serious sixth amendment concerns jury judge may find facts increase maximum penalty see apprendi new jersey third avoids unfairness defendants otherwise might sentenced based statements fact prone error proof unnecessary conviction descamps reasons remain strong ever statute like iowa burglary statute lists alternative means fulfilling one crime elements acca term convictions still supports inquiry sixth amendment problems associated exploration means rather elements abate face statute like iowa alternative factual scenarios remain thus sentencing judges finally statute listing disjunctive means nothing mitigate possible unfairness basing increased penalty something legally necessary prior conviction accordingly whether means listed statute acca care rather focus always remains crime elements pp first task faced alternatively phrased statute thus determine whether listed items elements means threshold inquiry easy state ruling answers question state statute face also resolve issue state law fails provide clear answers record prior conviction might prove useful determining whether listed items elements offense record materials speak plainly sentencing judge unable satisfy taylor demand certainty shepard record state law kind indeterminacy prove exception rule pp reversed kagan delivered opinion roberts kennedy thomas sotomayor joined kennedy thomas filed concurring opinions breyer filed dissenting opinion ginsburg joined alito filed dissenting opinion opinion notice opinion subject formal revision publication preliminary print reports readers requested notify reporter decisions washington typographical formal errors order corrections may made preliminary print goes press richard mathis petitioner writ certiorari appeals eighth circuit june justice kagan delivered opinion armed career criminal act acca act imposes mandatory minimum sentence certain federal defendants three prior convictions violent felony including burglary arson extortion determine whether past conviction one offenses courts compare elements crime conviction elements generic version listed offense offense commonly understood years decisions held prior crime qualifies acca predicate elements narrower generic offense question case whether acca makes exception rule defendant convicted statute lists multiple alternative means satisfying one elements decline find exception acca prescribes mandatory minimum sentence defendant convicted felon possession firearm following three prior convictions violent felony absent sentence enhancement statute sets maximum penalty see acca defines term violent felony include felony whether state federal burglary arson extortion ii listing crimes held congress referred usual terminology generic versions variants offenses see taylor means burglary offense relevant case congress meant crime contain ing following elements unlawful unprivileged entry building structure intent commit crime ibid determine whether prior conviction generic burglary listed crime courts apply known categorical approach focus solely whether elements crime conviction sufficiently match elements generic burglary ignoring particular facts case see distinguishing elements facts therefore central acca operation elements constituent parts crime legal definition things prosecution must prove sustain conviction black law dictionary ed trial jury must find beyond reasonable doubt convict defendant see richardson plea hearing defendant necessarily admits pleads guilty see mccarthy facts contrast mere things extraneous crime legal requirements sometimes called brute facts distinguishing elements richardson circumstance event legal effect consequence particular need neither found jury admitted defendant black law dictionary acca always understood cares whit see taylor crime counts burglary act elements narrower generic offense crime conviction covers conduct generic offense acca burglary even defendant actual conduct facts crime fits within generic offense boundaries comparison elements categorical approach requires straightforward statute sets single indivisible set elements define single crime lines crime elements alongside generic offense sees match example found california statute swept broadly generic burglary criminalized entering location even lawfully intent steal thus encompassed mere shoplifting see descamps slip accordingly conviction law count acca predicate even defendant fact made illegal entry committed burglary generic form see slip statutes however complicated sometimes called divisible structure making comparison elements harder slip single statute may list elements alternative thereby define multiple crimes suppose example california law noted prohibited lawful entry unlawful entry premises intent steal create two different offenses one serious defendant convicted offense unlawful entry element crime conviction match generic burglary count acca predicate conversely conviction qualify offense lawful entry element sentencing thus requires way figuring alternative elements listed lawful entry unlawful entry integral defendant conviction necessarily found admitted see slip address need approved modified categorical approach use statutes multiple alternative elements see shepard approach sentencing looks limited class documents example indictment jury instructions plea agreement colloquy determine crime elements defendant convicted see ibid taylor compare crime categorical approach commands relevant generic offense case concerns different kind alternatively phrased law one lists multiple elements disjunctively instead one enumerates various factual means committing single element see generally schad arizona plurality opinion egislatures frequently enumerate alternative means committing crime without intending define separate elements separate crimes use hypothetical adapted two prior decisions suppose statute requires use deadly weapon element crime provides use knife gun bat similar weapon qualify see descamps slip richardson kind list merely specifies diverse means satisfying single element single crime otherwise said spells various factual ways committing component offense jury need find defendant admit particular item jury convict even jurors conclude defendant used knife others conclude used gun long agreed defendant used deadly weapon ibid see descamps slip describing means reason legally extraneous circumstances similarly bring discussion back burglary statute might indeed soon discussed iowa burglary law itemize various places crime occur disjunctive factual scenarios rather separate elements jury need make specific findings defendant admissions score issue us whether acca treats kind statute others imposing sentence enhancement state crime elements correspond generic offense instead whether act makes exception law sentence enhanced one statute specified means creates match generic offense even though broader element petitioner richard mathis pleaded guilty felon possession firearm see sentencing government asked district impose acca minimum penalty based mathis five prior convictions burglary iowa law iowa burglary statute parties agree covers conduct generic burglary see brief petitioner brief generic offense requires unlawful entry building structure taylor supra iowa statute contrast reaches broader range places building structure land water air vehicle iowa code emphasis added listed locations alternative elements going toward creation separate crimes contrary lay alternative ways satisfying single locational element iowa held terms serves alternative method committing single crime burglary jury need agree locations actually involved state duncan iowa see state rooney iowa discussing single broadly phrased element place iowa burglary law short statute defines one crime one set elements broader generic burglary specifying multiple means fulfilling locational element buildings structures vehicles satisfy generic definition district imposed acca enhancement mathis inspecting records prior convictions determining burgled structures rather vehicles see app appeals eighth circuit affirmed acknowledged iowa burglary statute covering vehicles addition structures swept broadly generic burglary see noted structures vehicles separate elements part different crime sentencing invoke modified categorical approach look old record materials see crimes defendant convicted see appeals thought nothing changed structures vehicles distinct elements alternative means whether locations amount alternative elements merely alternative means fulfilling element eighth circuit held sentencing must apply modified categorical approach inspect records prior cases found materials defendant fact committed offense way satisfied definition generic burglary burgling structure rather vehicle treat conviction acca predicate appeals stated even though elements crime conviction encompassing types locations broader relevant generic offense see circumstance thus found acca usual inquiry yield one decision added circuit split whether acca general rule defendant crime conviction count predicate elements match generic offense gives way statute happens list various means defendant satisfy granted certiorari resolve division reverse ii noted elements mathis crime conviction iowa burglary cover greater swath conduct elements relevant acca offense generic burglary see supra precedents undisputed disparity resolves case often held uncertain terms state crime qualify acca predicate elements broader listed generic offense see taylor given defendant actually perpetrated crime referred underlying brute facts means commission richardson makes difference even conduct fits within generic offense mismatch elements saves defendant acca sentence longstanding principles reasoning underlies apply regardless whether statute omits instead specifies alternative possible means commission itemized construction gives sentencing special warrant explore facts offense rather determine crime elements compare generic definition taylor set essential rule governing acca cases quarter century ago counts act held elements statute conviction example label state assigns crime whether burglary breaking entering something else entirely relevance whether offense acca predicate see point true particular facts underlying prior convictions means defendant real life committed crimes rule seem counterintuitive cases sentencing judge knows easily discover defendant carried real burglary even though crime conviction also extends conduct matter acca taylor stated impermissible particular crime sometimes count towards enhancement sometimes depending facts case accordingly sentencing judge may look elements offense facts defendant conduct ibid simple point became mantra subsequent acca risk repetition perhaps downright tedium examples shepard acca refers predicate offenses terms prior conduct prior crimes alteration original james avoided inquiry underlying facts defendant particular offense looked solely elements burglary defined state law sykes consider elements offense without inquiring specific conduct particular offender quoting james emphasis original recently tersely descamps key acca elements facts slip decisions given three basic reasons adhering inquiry first acca text favors approach enhancing sentence defendant three previous convictions generic burglary rather one thrice committed crime congress indicated sentencer ask whether defendant convicted crimes falling within certain categories defendant actually done taylor congress well knows instruct sentencing judges look facts prior crimes statutes using different language done see hayes concluding phrase offense committed charged sentencers considering facts nijhawan holder construing immigration statute call interpretation congress chose another course acca focusing elements statute conviction taylor second construction acca allowing sentencing judge go raise serious sixth amendment concerns held jury judge may find facts increase maximum penalty except simple fact prior conviction see apprendi new jersey means judge go beyond identifying crime conviction explore manner defendant committed offense see shepard plurality opinion thomas concurring part concurring judgment stating approach amount constitutional error prohibited conducting inquiry barred making disputed determination defendant state judge must understood factual basis prior plea jury prior trial must accepted theory crime see plurality opinion descamps slip consistent sixth amendment determine crime elements defendant convicted third avoids unfairness defendants statements fact records prior convictions prone error precisely proof unnecessary slip trial still plea hearings defendant may incentive contest matter law contrary may good reason even precluded ibid true prosecutor judge mistake means reflected record likely go uncorrected see inaccuracies come back haunt defendant many years road triggering lengthy mandatory sentence three reasons stay strong ever statute instead merely laying crime elements lists alternative means fulfilling one acca use term convictions still supports inquiry indeed language directly refutes approach treat consequential statute reference factual circumstances essential conviction similarly sixth amendment problems associated exploration means rather elements abate face statute like iowa whether mentioned statute text alternative factual scenarios remain remain judges imposing acca enhancements finally statute listing disjunctive means nothing mitigate possible unfairness basing increased penalty something legally necessary prior conviction whatever statute says leaves diverse ways committing crime makes difference defendant incentives lack thereof contest matters reasons erred applying modified categorical approach determine means mathis committed prior crimes acca explained treats facts irrelevant find examining record anything else still may use enhance sentence indeed cases involving modified categorical approach already made exactly point use approach ever allowed stated terms ago determine element played part defendant conviction descamps slip emphasis added see taylor noting modified approach may employed determine whether jury necessarily find element generic burglary words modified approach serves serves solely tool identify elements crime conviction statute disjunctive phrasing renders one opaque see descamps slip repurposed technique discovering whether defendant prior conviction even though crime rested facts otherwise said involved means also satisfied elements generic offense government justice breyer claim longtime exclusive focus elements resolve case say talked elements really mean used government informs us distinguish instead refer whatever statute lists whether means elements brief see similar vein justice breyer posits every time said word element used word generally simply refer matter issue without intend ing set forth generally applicable rule post dissenting opinion good rule thumb reading decisions say mean one indeed previously insisted point reference acca approach descamps sole dissenting justice made argument identical one advanced government justice breyer prior caselaw intended distinguish statutes listing alternative elements setting merely alternative means commission slip opinion alito rejected contention stating decisions rested explicit premise laws contain ed statutory phrases cover several different crimes several different methods committing one offense words listed alternative elements alternative means slip ellipsis internal quotation marks omitted see johnson nijhawan premise important explained acca penalty may based jury necessarily found convict defendant necessarily admitted descamps slip elements alone fit bill means called fact definition necessary support conviction slip see supra accordingly descamps made clear earlier said said said elements meant nothing else reason including justice breyer recently made clear may look behind elements generally drafted statute identify means defendant committed crime see descamps slip consider iowa defined burglary involving merely unlawful entry premises without elaboration types premises exist world house building car boat agree acca apply matter record prior conviction clearly indicated defendant burgled house maple road jury found much iowa hypothetical law included element broader generic offense defendant receive acca sentence stated categorical approach end merely asking whether particular set facts leading conviction conforms generic acca offense slip conclusion common ground must serve baseline anything justice breyer government argues contrary view baseline begins also ends analysis nothing material changes iowa law notes much premises may include house building car boat fortuity legislative drafting affects neither oddities applying categorical approach reasons one hand categorical inquiry produce consequences however state law written whether statute lists various means satisfying premises element record prior conviction likely make plain defendant burgled house maple road jury knew hand already shown grounds constitutional statutory equitable offered nonetheless using categorical approach lose none force switch generally phrased statute leaving means implicit particular one expressly enumerating see supra every relevant sense functional legal two statutes one saying premises listing structures vehicles rule must apply acca disregards means defendant committed crime looks offense elements first task sentencing faced alternatively phrased statute thus determine whether listed items elements means elements previously approved review record materials discover enumerated alternatives played part defendant prior conviction compare element along others generic crime see ibid instead means call decide statutory alternatives issue earlier prosecution given acca indifference defendant actually committed prior offense may ask whether elements state crime generic offense make requisite match threshold inquiry elements means easy case many others state decision definitively answers question listed premises iowa burglary law state held alternative method committing one offense jury need agree whether burgled location building structure vehicle see duncan supra ruling kind exists sentencing judge need follow says see schad plurality opinion likewise statute face may resolve issue statutory alternatives carry different punishments apprendi must elements see rev stat stat tit cum supp see also requiring jury agree circumstance increasing statutory penalty supra conversely statutory list drafted offer illustrative examples includes crime means commission howard see statute may identify things must charged elements need means see cal penal code ann west armed authoritative sources state law federal sentencing courts readily determine nature alternatively phrased list state law fails provide clear answers federal judges another place look record prior conviction judge kozinski explained peek record documents sole limited purpose determining whether listed items element offense rendon holder opinion dissenting denial en banc answer yes make use materials previously described see supra suppose example one count indictment correlative jury instructions charge defendant burgling building structure vehicle thus reiterating terms iowa law clear indication alternative possible means commission element prosecutor must prove jury beyond reasonable doubt documents use single umbrella term like premises record reveal prosecutor demonstrate prevail see descamps slip conversely indictment jury instructions indicate referencing one alternative term exclusion others statute contains list elements one goes toward separate crime course record materials every case speak plainly sentencing judge able satisfy taylor demand certainty determining whether defendant convicted generic offense shepard documents state law kind indeterminacy prove exception rule iii precedents make straightforward case years repeatedly made clear application acca involves involves comparing elements courts must ask whether crime conviction narrower relevant generic offense may ask whether defendant conduct particular means committing crime falls within generic definition rule change statute happens list possible alternative means commission whether made explicit remain ever facts acca held care raised concerns line decisions suggested congress reconsider acca written see chambers alito concurring judgment descamps slip kennedy concurring whether good ill approach remains law introduce inconsistency arbitrariness acca decisions declining follow requirements everything ever said acca runs counter government position alone sufficient reason reject coherence claim law elements iowa burglary law broader generic burglary mathis convictions law give rise acca sentence accordingly reverse judgment appeals ordered kennedy concurring richard mathis petitioner writ certiorari appeals eighth circuit june justice kennedy concurring opinion required precedents join one reservation set forth uncertain terms held word burglary armed career criminal act acca refers elements statute conviction facts defendant conduct taylor enhancement proper said defendant convicted crime elements generic burglary regardless exact definition label state law see also descamps slip categorical approach central feature focus elements rather facts crime instant case correct conclude approach remains law ante correct note introduce inconsistency arbitrariness acca decisions declining follow requirements without reconsidering precedents whole ibid one reservation opinion concerns reliance apprendi new jersey ante view apprendi incorrect event compel elements based approach approach required statutory precedents congress remains free overturn dissenting opinions point today decision stark illustration arbitrary inequitable results produced applying elements based approach sentencing scheme congress intent career offender escape statutorily mandated punishment record makes clear beyond possible doubt committed generic burglary post opinion alito congress also intended vast sentencing disparities defendants convicted identical criminal conduct different jurisdictions congress capable amending acca resolve concerns see nijhawan holder interpreting language congress used requiring rather categorical approach continued congressional inaction face system year proves unworkable require revisit precedents appropriate case thomas concurring richard mathis petitioner writ certiorari appeals eighth circuit june justice thomas concurring join opinion faithfully applies precedents holds modified categorical approach used determine specific means defendant committed crime ante rightly refusing apply modified categorical approach avoids extending precedents limit criminal defendant right public trial jury peers held existence prior conviction triggering enhanced penalties recidivist fact found judge element crime must found jury two years later held fact increases penalty crime beyond prescribed statutory maximum element crime therefore must submitted jury proved beyond reasonable doubt apprendi new jersey see apprendi recognized exception fact prior conviction instead overruling see continue believe exception apprendi wrong urged reconsidered see descamps thomas concurring judgment slip consistent view continue believe depending facts armed career criminal act acca cases violates sixth amendment irreconcilable apprendi acca improperly allows judge finding raises defendant sentence beyond sentence lawfully imposed reference facts found jury admitted defendant descamps supra opinion thomas slip brackets original internal quotation marks omitted sixth amendment problem persists regardless whether determining whether prior conviction entered attempting discern facts necessary prior conviction slip citation omitted today least limits situations courts make factual determinations prior convictions ibid explains means committing offense nothing various factual ways committing component offense ante permitting judges determine means committing prior offense expand therefore join opinion refusing allow judges determine without jury alternative means supported defendant prior convictions breyer dissenting richard mathis petitioner writ certiorari appeals eighth circuit june justice breyer justice ginsburg joins dissenting distinction draws matter sentencing purposes fear majority contrary view unnecessarily complicate federal sentencing law often preventing courts properly applying sentencing statute congress enacted consequently dissent federal statute us imposes mandatory minimum sentence upon person convicted felon possession firearm person also three previous convictions among several things burglary ii petitioner convicted felon possession previously convicted three crimes qualify federal mandatory minimum previous convictions count burglary decide whether committed federal statute calls burglary must look state statute violated relevant state statute iowa statute says person commits crime enters occupied structure right intent commit felony iowa code goes define occupied structure including building structure land vehicle water vehicle air vehicle similar place problem arises previously held see taylor structure offender unlawfully entered intent commit felony building state crime committed counts federal statute burglary structure offender unlawfully entered land water air vehicle state crime count burglary thus conviction violating state statute may may count burglary depending upon whether structure entered say building water vehicle look documents charging mathis violation state statute tell us charged entering example house garage app charging documents say nothing structure say water vehicle thus convict jury find unlawfully entered occupied structure must found entered house garage concededly count building end matter federal statute apply sure let us look previously treated almost identical instance taylor state statute made criminal breaking entering building booth tent boat railroad car explained breaking building amount burglary federal statute breaking railroad car conviction document said offender violated statute say whether broke building railroad car see said case federal sentencing judge look charging papers jury instructions state case try determine state conviction actually building tent railroad car wrote state whose burglary statutes include entry automobile well building indictment information jury instructions show defendant charged burglary building jury necessarily find entry building convict government allowed use conviction enhancement later added conviction rests upon offender guilty plea federal judge look facts offender admitted plea colloquy purpose see shepard problem state burglary statut include entry vehicle well building taylor conviction document might specify kind structure defendant entered whether building automobile federal sentencing judge look charging documents plea colloquy see whether defendant charged burglary building ibid addition since charging documents show defendant charged illegal entry building tent railroad car jury order find defendant broke occupied structure necessarily find entry building ibid hence government allowed use conviction enhancement ibid majority however agree two cases described almost identical contrary notes correctly precedent often uses word element describe relevant facts statute refers uses words building tent boat railroad car see ante points iowa described words referring elements crime rather means crime committed see ante fact majority view makes difference see ante course see distinction means elements abstract sentencing purposes believe distinction without difference ii begin point terminology relevant words case building structure water vehicle like statutory words moreover statute uses words help describe crime statute always uses words designate facts whether offender broke building fact whether broke water vehicle fact sometimes however state may treat certain facts elements crime sometimes state may treat certain facts means committing crime far everyone agree see richardson describing elements means facts disagree whether difference relevant application state law make difference federal sentencing purposes iii whether state considers statutory words boat building describe elements crime means committing crime make difference purposes applying state criminal law make difference respect sentencing question issue majority believe reasons something like suppose jury unanimously agreed defendant unlawfully entered kind structure felonious intent jury deadlocked six six whether structure boat house statute uses two words describe two different elements two different crimes breaking boat breaking house defendant wins jury found unanimously element either crime statute uses two words describe two different means committing crime breaking occupied structure consists either house boat defendant loses long jury decides unanimously defendant broke occupied structure whichever kind jury need decide unanimously particular means defendant used commit crime see ante accept reasoning see sentencing majority view label means opens possibility jury split believes fact prevent us knowing whether conviction breaking building boat see ante precisely true use label element describe facts set forth state statute federal sentencing judge may see defendant record conviction violating particular provision state criminal code code may list single sentence buildings boats state may interpret two words separate elements two separate crimes federal judge know simple fact conviction violating statute without two crimes issue one aimed burglaries buildings one aimed burglaries boats said taylor case federal judge may look indictment information jury instructions determine whether jury necessarily find entry building rather boat convict federal judge may count conviction falling within federal statutory word burglary use sentencing view precisely true state courts label facts building boat etc means rather elements federal judge able look charging documents plea agreement see jury necessarily find entry building rather boat convict ibid federal judge able count conviction burglary conviction use sentencing course sometimes charging documents give us answer question often example charging document accuses smith breaking entering house mention structure jury find unanimously broke house house element jury find unanimously broke house house means charged otherwise jury unanimously found broke occupied structure element statutory crime suppose example breaking building element iowa burglary crime suppose state charges smith broke building located des moines presents evidence trial concerning des moines offense jury returns verdict form showing six jurors voted guilt theory broke building located detroit des moines conviction fail least iowa see state bratthauer iowa substantial evidence presented support alternative method committing single crime alternatives repugnant unanimity jury mode commission crime required root standard principle unanimity rule requires jurors substantial agreement defendant step preliminary determining whether defendant guilty crime charged emphasis added citation brackets internal quotation marks omitted similarly know charging documents claim defendant broke house government presented proof kind burglary jury find unanimously broke house boat whether state law considers statutory word house element means found nonfanciful example contrary iv consider federal statute us statute contains word burglary general sentencing perspective way background important understand general matter sentencing system must embody host compromises theory practicality point view pure theory much said real offense sentencing system require commission sentencing judge determine detail actual conduct defendant engaged defendant really past sentencing commission ussc guidelines manual ch pt system produce greater certainty two offenders engaged previously engaged real conduct punished similarly see ibid pure real offense sentencing however complex work requires sentencing judge sentencing commission know kinds facts difficult discover present conduct present sentencing judge possibly know seeks determine conduct underlies prior conviction practical difficulties ussc created guidelines part reflect charge offense system system based upon conduct constitutes elements offense defendant charged convicted ibid pure charge offense system however also serious problems place great authority determine sentence hands prosecutor judge creating nonuniformity commission hope minimize hence actual federal sentencing system retains significant number real offense elements allowing adjustments based upon facts defendant case commission currently looking new ways create better compromise see ussc amendments sentencing guidelines apr effective creating model determining whether prior convictions count purposes context certain immigration crimes background mind turn federal statute us statute reflecting impossibility knowing detail conduct underlies prior conviction uses certain cases involving possession weapons fact certain convictions including convictions burglary conclusive indications present defendant previously engaged highly undesirable conduct general reasons earlier described practical considerations general theory prevent congress listing specific prior conduct warrant higher present sentence practical considerations particularly administration explain congress tell courts precisely apply statutory word burglary similar practical considerations help explain taylor later cases described modified categorical approach separating sheep goats cases recognize sentencing judges limited time limited information prior convictions within practical constraints must try determine whether prior conviction reflects kind behavior congress intended proxy burglary cover majority approach fear practical perhaps statutes say whether words like boat building stand element crime means commit crime know know however many burglary statutes look much like iowa statute us today see rev stat mont code ann rev stat ann cent code ann ohio rev code ann lexis cons stat ann codified laws wyo stat ann see also ali model penal code cf taylor burglary federal statute reflect version burglary used criminal codes also know one find authoritative judicial opinions decide question fact government told us oral argument found two context burglary answered question tr oral arg see lack information surprising prosecutor often charge one building several statutory alternatives see descamps slip jury convicts normally agree unanimously existence particular fact see richardson decision whether something element means make difference government introduces evidence defendant committed underlying drug crimes legally necessary make hence matter particular case whether state general matter categorize fact statute refers element means majority approach federal sentencing judge facing state statute refers building boat car charging documents answer question like documents issue simply charge entry say building without see ante suggesting defendant charging documents often answer question parties look state cases decide whether fact means element research take time likely come answer simple matter produce legal tangle see state peterson simply rule courts determine whether legislature intended provide alternate means committing particular crime instead case must evaluated brackets omitted state brown alternative means definition application lower judges criticized approach majority adopts see omargharib holder niemeyer concurring analysis increasingly blurred articulation applicable standards asked decide without clear workable standards whether disjunctive phrases criminal law define alternative elements crime alternative means committing find especially difficult comprehend distinction emphasis deleted majority bases conclusion primarily upon precedent view precedent demand conclusion majority reaches agree majority cases subject used word element contexts similar present context fact hardly surprising cases word appears involved elements least assumed see descamps slip cases used word generally simply refer matter issue without stating suggesting view subject present case see slip sentencing courts may look statutory definitions elements defendant prior offenses internal quotation marks omitted shepard using terms statutory definition statutory elements interchangeably taylor offense constitutes purposes armed career criminal act either statutory definition substantially corresponds burglary charging paper jury instructions actually required jury find elements generic burglary genius common law consists part ability modify prior holding light new circumstances particularly justice holmes said existing principle runs different principle requires modification see holmes path law harv rev fortiori apply use word prior case word necessary decision prior case intended set forth generally applicable rule new circumstance differs significantly respect circumstances legal question issue apprendi new jersey require majority result held fact ther fact prior conviction must proved order increase defendant sentence otherwise statutory maximum must proved jury beyond reasonable doubt state charges one kind occupied structure namely entry garage criterion met state must prove jury beyond reasonable doubt defendant unlawfully entered garage whether statute uses term garage refer fact means fact element charging papers simply said occupied structure leaving jury free disagree whether structure garage instead boat lack necessary assurance jury unanimity sentencing judge consequently use conviction basis increased federal sentence true whether state statute using words garage boat intends refer fact means fact element descamps statute issue made crime ente certain locations intent commit grand petit larceny felony slip internal quotation marks omitted statute made distinction lawful entry entering department store closing time unlawful entry breaking store closed see ibid difference matters unlawful entry critical constituent federal statute version burglary entry lawful crime fall within scope word held conviction statute count burglary federal purposes reasoned statute required government prove entry reason believe charging documents say whether entry lawful unlawful important ly even jury decide entry unlawful order convict description charging document imply state entry illegal say morning coincidental slip see slip way contrast charging documents must allege entry occupied structure structure consist one several statutory alternatives iowa code present law thus bears little resemblance hypothetical statute majority describes hypothetical statute makes crime break premises without saying ante thus apply federal sentencing statute nonspecific hypothetical statute require sentencing judges imaginatively transfor every element statute crime seen containing infinite number corresponding possible ways individual crime impossibly difficult task descamps slip iowa statute us contains explicit hypothetical statutory alternatives therefore likely unlikely charging documents list one alternatives indeed case mathis charging documents see app charging documents list one alternatives say building jury normally find unanimously defendant entered building order convict see bratthauer repeat central point view well within precedent count state burglary conviction burglary within meaning federal law statute issue lists alternative means defendant commit crime burgling building boat charging documents make clear state alleged jury trial judge necessarily found alternative matches federal version crime descamps kind case concerned statute explicitly list alternative means commission crime concerned fact extraneous crime fact whether entry burgled structure lawful unlawful neither statutory means element case described fact issue state statute legally extraneous circumstanc state case slip case concerns fact necessary crime regardless whether iowa generally considers fact means element precedent way also includes taylor pointed taylor says modified categorical approach sets forth may permit sentencing go beyond mere fact conviction narrow range cases jury actually required find elements generic burglary taylor precedent believe governs majority takes different view respect dissent alito dissenting richard mathis petitioner writ certiorari appeals eighth circuit june justice alito dissenting sabine moreau lives town belgium located miles south brussels one day set car pick friend brussels train station trip taken hour programmed gps headed although gps sent south north apparently thought nothing dutifully stayed prescribed course deterred saw road signs german cologne aachen frankfurt asked questions later recounted kept foot hours passed crossing germany entered austria twice stopped refuel car involved minor traffic accident tired pulled slept car crossed alps drove slovenia entered croatia finally arrived zagreb two days miles leaving home either properly set gps device malfunctioned moreau apparently refused entertain thought arrived croatian capital told reporters realize gone course called home police investigating disappearance years ago taylor set journey like moreau task taylor like moreau short trip train station might seem difficult determining conviction burglary counts prior conviction burglary armed career criminal act acca things worked way congress enacted acca ensure violent repeat criminal offenders subject enhanced penalties longer prison sentences fair uniform way across myriad criminal laws see descamps alito dissenting slip acca calls enhanced sentence defendant three prior convictions violent felony found guilty possession firearm acca provides term violent felony means among things crime punishable imprisonment term exceeding one year burglary words burglary violent felony language might seem straightforward taylor introduced two complications first taylor held burglary acca means offenses elements called generic burglary defined unlawfully entering remaining building structure intent commit crime definition broader common law include every offense labeled burglary burglary boat vehicle second taylor subsequent cases limited ability sentencing judges examine record prior cases purpose determining whether convictions cases generic burglary see shepard called modified categorical approach descamps supra slip programmed way set course increasingly led results congress finally arrives today decision upshot burglary convictions great many may disqualified counting predicate offenses acca conclusion set warning bell congress indisputably wanted burglary count acca course led us conclusion many burglary conviction count maybe made wrong turn point perhaps guided malfunctioning navigator unperturbed anomalous result serenely chanting mantra elements see ante keeps foot drives approach calls sentencing judges delve pointless abstract questions descamps gave sentencing judges assignment determining whether state statute divisible see slip warned novel inquiry prove difficult opinion brushed concern see slip see reason worry lower judges must regularly grapple modified categorical approach struggled understand descamps compare rendon holder panel opinion eight judges dissenting denial en banc kozinski dissenting denial en banc tells must decide whether entering remaining building element committing crime merely means wish good luck distinction element means important different context requisite number jurors jurisdictions must agree defendant committed element offense jurors need agree means element committed entering remaining building element jurors must agree defendant entered remained building say boat element entering remaining within one list places specified statute say building boat vehicle tent entering remaining building simply means jurors need agree means offense committed therefore whether defendant illegally entered building boat matter purposes obtaining conviction real world many cases state courts required decide whether jurors burglary case must agree building boat issue question whether buildings boats elements means often arise result cases question rare government surveyed state burglary statutes found one iowa state petitioner convicted burglary status places covered elements means revealed see brief petitioner attorneys cited similar decision state federal judges sentencing acca make determination writes threshold inquiry elements means easy case many others ante really determination easy case fortified legal team took petitioner representation granted review found iowa case point discovery seem made preparation brief filed brief petitioner belated identification relevant state decision confirms task easy one ibid worst although many burglary statutes like iowa apply burglary places building neither government petitioner found single case jurisdictions resolving question whether place burglarized element means assures federal district judges must apply acca need decisions easy federal judges predict state courts resolve question ever presented ante shown done government brief cites numerous state statutes like iowa brief task easy let pick give lower judges demonstration picking argument tossed judge kozinski argues federal sentencing judge get sense whether places covered state burglary statute separate elements means examining charging document ante citing rendon supra kozinski dissenting denial en banc example charging document alleges defendant burglarized house clue according house element see ibid pointed problem argument descamps see dissenting opinion slip state rules practices regarding wording charging documents differ something specifically alleged document follow item element means see ibid present case illustrates point petitioner five prior burglary convictions iowa iowa places covered means see ante yet charging documents cases set specific places petitioner burglarized house garage garage machine shed storage shed see brief petitioner approach avoid mess today decision produce allow sentencing take look record earlier case see place burglarized building something else record lost inconclusive refuse count conviction perfectly clear building burglarized count conviction majority disdains practicality result refuses allow burglary conviction counted even record makes clear beyond possible doubt defendant committed generic burglary consider hypothetical case suppose defendant wishes plead guilty burglary following occurs open record time plea prosecutor informed defendant wishes plead guilty charge set complaint namely june broke house main street intent commit larceny defense counsel correct mr defendant defendant broke house steal money jewelry house main defendant sure mean sure main house actually boat defendant house climbed window second floor well yachts multiple decks sure yacht defendant little house prosecutor honor photo house give defendant photo mr defendant place burglarized defendant yes like said boat maybe originally house boat later attached ground defense counsel honor stipulate boat well vehicle defendant like said house wheels trailers wheels defense counsel honor client wants plead guilty burglarizing house main st prosecutor honor necessary call owners lived years testify building also town tax records house location since built moved say defense counsel records accurate defense counsel yes stipulate client wishes plead guilty burglary house wants take responsibility sentencing get later mr defendant say main possibly vehicle defendant honor admit burglarized house car truck well alright possibly tent defendant made brick scraped knee brick climbing ok want sure sees things none enough facts irrelevant aficionados pointless formalism today decision wonder veritable ne plus ultra along way taylor present case signs course opportunities alter course reached legal equivalent moreau zagreb unlike moreau determined stay course continue traveling even away intended destination knows ever call home footnotes compare case recognizing exception ozier trent rendon holder rejecting exception omargharib holder decisions applying categorical approach outside acca context prominently immigration cases see kawashima holder stating judge must look formal element conviction rather specific facts underlying crime deciding whether deport alien committing aggravated felony see point clearly consider example arising immigration context defendant charged statute criminalizes intentionally knowingly recklessly assaulting another exists many see tex penal code ann west cum supp apparent reason dispute prosecutor statement committed crime intentionally opposed recklessly mental interchangeable means satisfying single mens rea element statement treated reliable make huge difference deportation proceeding years future intentional assault unlike reckless one qualifies crime involving moral turpitude requires removal country see bia descamps made point length adding modified categorical approach retains categorical approach central feature focus elements rather facts crime preserves categorical approach basic method comparing elements generic offense modified approach adds mechanism making comparison statute lists multiple alternative elements effectively creates different crimes least one crimes matches generic version needs way find defendant convicted job always understood modified approach identify among several alternatives crime conviction compare generic offense slip citation omitted another solo dissent justice alito today switches gears arguing precedent consistent view instead acca decisions misguided follow initial wrong turn taylor see post borrow driving metaphor dissent justice alito thus locates entirely map caselaw surprising harshly criticized categorical approach apprendi many years see johnson alito dissenting slip descamps alito dissenting slip moncrieffe holder alito dissenting slip chambers alito concurring judgment see also hurst florida alito dissenting slip alleyne alito dissenting slip justice breyer dissent rests idea contrary definition jury sometimes necessarily ha find means commission see post quoting taylor descamps specifically refuted argument case justice alito made selfsame claim jury averred treated necessarily found fact even though later sentencing infer jury agreed practical matter alito dissenting slip rejected view explaining acca decisions always demanded jury necessarily agree legal matter meant elements means see slip requirement earliest decisions judge impose sentence based legal certainty inference however reasonable given case prior factfinder thought shepard see taylor supra otherwise said relevant question whether defendant legally convicted certain offense certain set elements whether sentencing judge believes factfinder convicted offense books see holder rejecting hypothetical approach given similar statute directive look conviction descamps previously recognized way discerning whether statutory list contains means elements see slip noted indictments jury instructions plea colloquies plea agreements often reflect crime elements reveal cases better state law whether statutory list elements means ibid accordingly state law resolve question courts resort record documents help making determination ibid footnotes accounts journey see waterfield gps failure leaves belgian woman zagreb two days later telegraph online http internet materials last visited june grenoble sabine moreau belgian woman drives miles route gps error huffington post online http malm belgian woman blindly drove miles across europe followed broken gps instead station daily mail online http descamps decision meant california burglary conviction counts acca see alito dissenting slip moncrieffe holder took similar approach interpreting provision immigration laws came conclusion convictions half even large scale marijuana trafficking count illicit trafficking controlled substance provision immigration laws alito dissenting slip rendon holder dissent denial rehearing eight circuit judges addressed question difficulty determination described notoriously uncertain inquiry lead uncertain results claims three good reasons holding explained descamps none substantial holding required acca text sixth amendment alternative approach fair defendants see alito dissenting slip