descamps argued january decided june armed career criminal act acca increases sentences certain federal defendants three prior convictions violent felony including burglary arson extortion determine whether past conviction one crimes courts use categorical approach compare statutory elements prior conviction elements generic crime offense commonly understood statute elements narrower generic offense prior conviction qualifies acca predicate prior conviction violating divisible statute one sets one elements alternative burglary involving entry building automobile modified categorical approach used approach permits sentencing courts consult limited class documents indictments jury instructions determine alternative element formed basis defendant prior conviction petitioner descamps convicted felon possession firearm government sought acca sentence enhancement pointing descamps three prior convictions including one burglary california penal code ann provides person enters certain locations intent commit grand petit larceny felony guilty burglary imposing enhanced sentence district rejected descamps argument conviction serve acca predicate goes beyond generic definition burglary ninth circuit affirmed holding decision de oca permits application modified categorical approach prior conviction statute categorically broader generic offense found descamps conviction revealed plea colloquy rested facts satisfying elements generic burglary held modified categorical approach apply statutes like contain single indivisible set elements pp caselaw resolves case taylor shepard approved use modified categorical approach narrow range cases divisible statute listing potential offense elements alternative renders opaque element played part defendant conviction sentencing tell simply looking divisible statute version offense defendant convicted permitted consult documents assess whether defendant convicted particular statutory definition corresponds generic offense nijhawan holder johnson also emphasized rationale modified categorical approach approach plays role dispute concern alternative elements simple discrepancy generic burglary pp ninth circuit approach turns inquiry one asking whether statutory definitions necessarily require adjudicator find generic offense whether prosecutor case realistically led adjudicator find certain facts roots precedents fact subverts decisions conflicting rationales supporting categorical approach threatening undo benefits pp taylor categorical approach comports acca text history avoids sixth amendment concerns arise sentencing courts making factual findings properly belong juries averts practical difficulties potential unfairness factual approach acca language shows congress intended sentencing courts look fact defendant convicted crimes falling within certain categories facts underlying prior convictions ninth circuit approach runs headlong congressional choice instead reviewing documents determine alternative element basis conviction circuit looks materials discover defendant actually acca sentencing finding predicate offense indisputably increases maximum penalty accordingly finding least raise serious sixth amendment concerns went beyond merely identifying prior conviction shepard refused permit sentencing courts make disputed determination facts must supported defendant conviction plurality opinion yet ninth circuit flouts reasoning authorizing judicial factfinding goes far beyond recognition prior conviction ninth circuit decision also creates daunting difficulties inequities first encouraged adoption categorical approach sentencing courts following expend resources examining often aged documents evidence defendant admitted prosecutor showed facts although unnecessary crime conviction satisfied element relevant generic offense approach also deprive many defendants benefits negotiated plea deals pp defending ninth circuit denied real distinction divisible indivisible statutes extending generic offense circuit efforts imaginatively reconceive indivisible statutes divisible ones unavailing divisible statutes enable sentencing conclude jury judge plea hearing convicted defendant every element generic crime pp government offers slightly different argument contends modified categorical approach apply mismatch elements crime conviction generic offense results missing element element overbreadth distinction malleable manipulable event distinction without difference whether statute conviction overbroad missing element problem mismatch elements person convicted statute never convicted generic crime pp generic unlawful entry element alternative element conviction statute never generic burglary descamps acca enhancement therefore improper pp fed appx reversed kagan delivered opinion roberts scalia kennedy ginsburg breyer sotomayor joined kennedy filed concurring opinion thomas filed opinion concurring judgment 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 matthew robert descamps petitioner writ certiorari appeals ninth circuit june justice kagan delivered opinion armed career criminal act acca act increases sentences certain federal defendants three prior convictions violent felony including burglary arson extortion determine whether past conviction one crimes courts use become known categorical approach compare elements statute forming basis defendant conviction elements generic crime offense commonly understood prior conviction qualifies acca predicate statute elements narrower generic offense previously approved variant method labeled inventively modified categorical approach prior conviction violating divisible statute kind statute sets one elements offense alternative example stating burglary involves entry building automobile one alternative say building matches element generic offense say automobile modified categorical approach permits sentencing courts consult limited class documents indictments jury instructions determine alternative formed basis defendant prior conviction categorical approach demands compare elements crime conviction including alternative element used case elements generic crime case presents question whether sentencing courts may also consult additional documents defendant convicted indivisible statute one containing alternative elements criminalizes broader swath conduct relevant generic offense enable decide based information case underlying facts defendant prior conviction qualifies acca predicate even though elements crime fail satisfy categorical test result contravene prior decisions principles underlying hold sentencing courts may apply modified categorical approach crime defendant convicted single indivisible set elements petitioner michael descamps convicted felon possession firearm violation unadorned offense carries maximum penalty years prison government however sought enhanced sentence acca based descamps prior state convictions burglary robbery felony harassment acca prescribes mandatory minimum sentence years person violates three previous convictions violent felony serious drug offense act defines violent felony mean felony whether state federal element use attempted use threatened use physical force person another burglary arson extortion involves use explosives otherwise involves conduct presents serious potential risk physical injury another descamps argued prior burglary conviction count acca predicate offense categorical approach pleaded guilty violating california penal code ann west provides person enters certain locations intent commit grand petit larceny felony guilty burglary statute require entry unlawful way burglary laws whereas burglary statutes generally demand breaking entering similar conduct california covers example shoplifter enters store like customer normal business hours see people barry cal sweeping widely state law goes beyond normal generic definition burglary according descamps asymmetry offense elements precluded conviction serving acca predicate whether burglary involved unlawful entry satisfied requirements generic crime district disagreed according modified categorical approach permitted examine certain documents including record plea colloquy discover whether descamps admitted elements generic burglary entering plea app transcript ruled showed descamps done plea hearing prosecutor proffered crime involve breaking entering grocery store descamps failed object statement ibid plea proceedings district thought thus established descamps prior conviction qualified generic burglary violent felony acca applying requisite penalty enhancement sentenced descamps months prison twice term otherwise received appeals ninth circuit affirmed relying recently issued decision de oca en banc per curiam divided en banc took much view modified categorical approach district case en banc held sentencing considers conviction statute categorically broader generic offense may scrutinize certain documents determine factual basis conviction see applying approach appeals found descamps plea revealed colloquy rested facts satisfy elements generic definition burglary fed appx granted certiorari resolve circuit split whether modified categorical approach applies statutes like contain single indivisible set elements sweeping broadly corresponding generic hold reverse ii caselaw explaining categorical approach modified counterpart resolves case decisions shown modified approach serves limited function helps effectuate categorical analysis divisible statute listing potential offense elements alternative renders opaque element played part defendant conviction understood modified approach convert descamps conviction acca predicate state law defines burglary alternatively broadly generic offense begin taylor established rule determining defendant prior conviction counts one acca enumerated predicate offenses burglary taylor adopted formal categorical approach sentencing courts may look statutory definitions elements defendant prior offenses particular facts underlying convictions relevant statute elements generic acca crime prior conviction serve acca predicate statute defines crime narrowly anyone convicted law necessarily guilty generic crime elements statute sweeps broadly generic crime conviction law count acca predicate even defendant actually committed offense generic form key emphasized elements facts example held defendant receive acca enhancement burglary convicted crime basic elements generic burglary unlawful unprivileged entry remaining building structure intent commit crime ibid indeed indicated statute issue fit bill california defines broadly include shoplifting time taylor recognized narrow range cases sentencing courts applying later dub modified categorical approach may look beyond statutory elements charging paper jury instructions used case explain courts resort approach hypothesized statute alternative elements particularly burglary statute otherwise conforming generic crime prohibits entry automobile well building ibid one alternatives building corresponds element generic burglary whereas automobile typical case brought statute prosecutor charges one two alternatives judge instructs jury accordingly case involves entry building jury actually required find elements generic burglary categorical approach demands ibid statute alone disclose whether occurred statute divisible comprises multiple alternative versions crime later sentencing tell without reviewing something defendant conviction generic building automobile form burglary hence taylor permitted sentencing courts tool implementing categorical approach examine limited class documents determine statute alternative elements formed basis defendant prior conviction shepard hypothetical posited taylor became real confronted massachusetts burglary statute covering entries boats cars well buildings defendant pleaded guilty violating statute first confirmed taylor categorical approach applies jury verdicts also plea agreements meant held conviction based guilty plea qualify acca predicate defendant necessarily admitted elements generic offense anticipated taylor divisible nature massachusetts burglary statute confounded inquiry one know looking statute version offense shepard convicted accordingly authorized sentencing courts scrutinize restricted set materials terms plea agreement transcript colloquy judge defendant determine defendant pleaded guilty entering building alternatively car boat ibid yet underscored narrow scope review determine defendant state judge must understood factual basis prior plea assess whether plea version crime massachusetts statute burglary building corresponding generic offense plurality opinion two recent decisions emphasized rationale applicable divisible statutes examining documents like indictment plea agreement nijhawan holder discussed another massachusetts statute one prohibiting breaking entering four alternative places building ship vessel vehicle recognized statute refer several different crimes qualify acca predicate must determine crime formed basis defendant conviction ibid explained taylor shepard developed modified categorical approach reviewing materials approved cases courts discover statutory phrase contained within statute listing several different crimes covered prior conviction year later repeated understanding courts resort documents categorical approach approved permits determine statutory phrase basis conviction johnson citation omitted applied way way ever allowed modified approach merely helps implement categorical approach defendant convicted violating divisible statute modified approach thus acts exception instead tool 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 several different crimes nijhawan least one crimes matches generic version needs way find defendant convicted job always understood modified approach identify among several alternatives crime conviction compare generic modified approach thus role play case dispute concern list alternative elements rather involves simple discrepancy generic burglary crime established former requires unlawful entry along lines breaking entering see lafave substantive criminal law ed hereinafter lafave latter indeed covers simple shoplifting even government acknowledges see brief barry taylor words define burglary broadly generic offense true california get conviction need prove descamps broke entered violation serve acca predicate whether descamps break enter makes difference likewise whether ever admitted breaking entering irrelevant decisions authorize review plea colloquy approved documents statute defines burglary overbroadly instead alternatively one statutory phrase corresponding generic crime another circumstance may look additional documents determine statutory offenses generic formed basis defendant conviction uncertainty kind exists categorical approach needs help modified partner know descamps crime conviction correspond relevant generic offense prior decisions inquiry iii appeals took different view dismissing everything said subject lack ing conclusive weight ninth circuit held modified categorical approach turn conviction statute acca predicate offense statute like contain single indivisible set elements covering far conduct generic crime still sentencing conside degree factual basis defendant conviction otherwise stated particular acts defendant committed specifically look reliable materials charging document jury instructions plea colloquy forth determine facts confident ly thought underlie defendant conviction light prosecutorial theory case facts put forward government makes difference ninth circuit view whether specific words statute conviction actually jury judge accepting plea find particular generic element quoting taylor internal quotation marks omitted approach objecting judge aptly called modified factual berzon concurring judgment turns inquiry one asks whether statutory definitions necessarily require adjudicator find generic offense instead whether prosecutor case realistically led adjudicator make determination makes examination documents tool used narrow range cases identify relevant element statute multiple alternatives rather device employed every case evaluate facts judge jury found point clear ninth circuit new way identifying acca predicates roots precedents subverts decisions conflicting rationales supporting categorical approach threatening undo benefits offered three grounds establishing formal categorical approach taylor first comports acca text history second avoids sixth amendment concerns arise sentencing courts making findings fact properly belong juries third averts practical difficulties potential unfairness factual approach assessed light three reasons ninth circuit ruling strikes swinging start statutory text history long recognized acca increases sentence defendant three previous convictions violent felony defendant thrice committed crime see taylor language shows taylor explained congress intended sentencing look fact defendant convicted crimes falling within certain categories facts underlying prior convictions ibid see shepard congress wanted increase sentence based facts prior offense presumably said statutes contexts speak way see nijhawan construing immigration statute requiring approach acca taylor found congress made deliberate decision treat every conviction crime manner lengthy debate preceding statute enactment one suggested particular crime might sometimes count towards enhancement sometimes depending facts case congress instead meant acca function switch directing prior crime qualify predicate offense cases none ninth circuit approach runs headlong congressional choice instead reviewing documents like indictment plea colloquy determine statutory phrase basis conviction ninth circuit looks materials discover defendant actually johnson case demonstrates point descamps convicted generic burglary government agrees contain crime required element see brief colloquy showed descamps committed generic burglary hypothetically convicted law criminalizing conduct said taylor elsewhere enough see holder slip rejecting hypothetical given similar statute directive look conviction rather might charged necessary result ninth circuit method exactly differential treatment thought congress enacting acca took care prevent two years since ninth circuit treated convictions acca predicates based minor variations cases plea documents compare fed descamps conviction counts generic burglary similarly consider though categorical approach sixth amendment underpinnings held ther fact prior conviction fact increases penalty crime beyond prescribed statutory maximum must submitted jury proved beyond reasonable doubt apprendi new jersey acca finding predicate offense indisputably increases maximum penalty accordingly finding least raise serious sixth amendment concerns went beyond merely identifying prior conviction concerns recognized shepard counsel allowing sentencing make disputed determination defendant state judge must understood factual basis prior plea jury prior trial must accepted theory crime plurality opinion see thomas concurring part concurring judgment stating finding giv rise constitutional error doubt hence insistence categorical approach yet ninth circuit ruling flouts reasoning extending judicial factfinding beyond recognition prior conviction modified categorical approach merely assists sentencing identifying defendant crime conviction held sixth amendment permits ninth circuit reworking authorizes try discern trial showed plea proceeding revealed defendant underlying conduct see constitutional rub sixth amendment contemplates jury sentencing find facts unanimously beyond reasonable doubt facts sure jury found constituting elements offense distinct amplifying legally extraneous circumstances see richardson similarly shepard indicated defendant pleads guilty crime waives right jury determination offense elements whatever says fails say superfluous facts license later sentencing impose extra punishment see plurality opinion district enhanced descamps sentence based supposed acquiescence prosecutorial statement broke entered irrelevant crime charged said rely finding fact increase defendant maximum sentence finally ninth circuit decision creates daunting difficulties inequities first encouraged us adopt categorical approach taylor case case sentencing courts following expend resources examining often aged documents evidence defendant admitted plea colloquy prosecutor showed trial facts although unnecessary crime conviction satisfy element relevant generic offense meaning documents often uncertain statements fact may downright wrong defendant often little incentive contest facts elements charged offense may good reason trial extraneous facts arguments may confuse jury indeed may prohibit reason plea hearings defendant may wish irk prosecutor squabbling superfluous factual allegations case example descamps may let prosecutor statement go irrelevant proceedings likely thinking possibility silence come back haunt acca sentencing years future actually thinking thought acca even books time descamps burglary conviction still worse approach deprive defendants benefits negotiated plea deals assume happens every day defendant surrenders right trial exchange government agreement plead guilty less serious crime whose elements match acca offense ninth circuit view later sentencing still treat defendant though pleaded acca predicate based legally extraneous statements found old record taylor recognized problem guilty plea lesser nonburglary offense result plea bargain stated seem unfair impose sentence enhancement defendant pleaded guilty generic burglary way proceeding top everything else allow later sentencing rewrite parties bargain ninth circuit defended excessively modified approach denying real distinction divisible indivisible statutes extending generic offense conceptual difference reasoned divisible statute creates explicitly finite list possible means commission indivisible one creates implied list every means commission otherwise fits definition given crime example indivisible statute requir ing use meaningfully different says ninth circuit statute simply lists every kind weapon existence axe sword baton slingshot knife machete bat ibid similar way every indivisible statute imaginatively reconstructed divisible one true ninth circuit asks limit modified categorical approach explicitly divisible statutes simple answer divisible statutes enable sentencing conclude jury judge plea hearing convicted defendant every element generic crime prosecutor charging violation divisible statute must generally select relevant element list alternatives see confiscation cases wall indictment criminal information charges person accused disjunctive guilty one another several offences destitute necessary certainty wholly insufficient jury instructions case make clear must find element unanimously beyond reasonable doubt assume along lines ninth circuit example statute criminalizes assault eight specified weapons suppose ninth circuit assault gun counts acca offense later sentencing need check charging documents instructions refer gun something else determine whether convicting defendant divisible statute jury necessarily found committed crime none true overbroad indivisible statute sentencing sure hypothetically reconceive statute divisible terms reveals blessed sufficient time imagination devise laundry list potential weapons eight ninth circuit mentioned also starters grenades pipe bombs spears tire irons bb guns nunchucks crossbows thing hypothetical lists well hypothetical long statute requires indeterminate weapon indictment must likely allege jury instructions must likely mention important jury must find convict defendant jurors need agree whether defendant used gun knife tire iron particular weapon might appear imagined divisible statute actual statute requires jury find weapon even many cases jury readily reached consensus weapon used later sentencing supply missing judgment whatever underlying facts evidence presented defendant still convicted deliberate considered way constitution guarantees offense narrower elements supposed generic crime assault gun indeed accepting ninth circuit contrary reasoning altogether collapse distinction categorical approach ninth circuit weapons example tip iceberg courts go much reconceiving indivisible statutes impliedly divisible ones fact every element every statute imaginatively transformed ninth circuit suggests every crime seen containing infinite number corresponding possible ways individual commit think professor plum ballroom candlestick colonel mustard conservatory rope snowy day cover affair mrs peacock sentencing ninth circuit holds compare implied means commission generic acca offense ibid emphasis deleted categorical approach end point merely asking whether particular set facts leading conviction conforms generic acca offense expressly repeatedly forbidden courts may modify categorical approach accommodate alternative statutory definitions ibid cf mci telecommunications american telephone telegraph modify means change moderately minor fashion may pretending every fact pattern implied statutory definition convert approach opposite iv government tries distance ninth circuit offering purportedly narrower theory although indivisible statute truly missing element generic offense give rise acca conviction california burglary law merely contains broader version generic element unlawfulness entry brief government argument proceeds three steps begins premise sentencing courts applying acca consider statute defining prior crime also judicial interpretations next government points california decision holding surprisingly defendant burglariz home case reasoning government notes though saying explicitly requires entry invades possessory right people gauze cal given precedent government contends includes kind unlawful entry element although broader generic crime analogous requirement finally government asserts sentencing courts may use modified approach determine whether particular defendant conviction overbroad statute actually generic crime brief although elaborately developed government brief argument first two steps turn sideshows may reserve question whether determining crime elements sentencing take account relevant statute text judicial rulings interpreting may assume government insists california caselaw treats including element entry invading possessory right although truth told find state decisions score contradictory even assumptions elements come line generic burglary government concedes almost every entry onto another property intent steal including example shoplifter walking open store invades possessory right see brief gauze cal contrast generic burglary element excludes case person enters premises open public matter intent generic crime requires breaking entering similar unlawful activity see brief lafave everything rests government third point mismatch preclude applying modified categorical approach results missing element instead element overbreadth starters see principled way make distinction overbroad statutes also characterized missing element statutes missing element also labeled overbroad conclusion agree difficult impossible determine example gave follows statute conviction punishes possession pornography federal law carries sentence enhancement possession child pornography statute conviction overbroad includes adult child pornography law instead missing element involvement minors name game played government labors mightily turn fears looks like statute overbroad statute incorporation judicial decisions even putting decisions aside government might described merely overbroad element entry includes lawful unlawful kind conversely descamps claim even judicially interpreted entirely missing generic burglary element breaking entering similar unlawful conduct eye beholder prone endless manipulation event fundamentally see reason government distinction matter whether statute conviction overbroad missing element problem mismatch elements person convicted statute never convicted generic crime case example descamps convicted generic burglary whether viewed missing element containing overbroad one require breaking entering every reason given textual constitutional practical rejecting ninth circuit proposed approach applies government well see supra bottom government wants thing ninth circuit nominally fewer cases wishes sentencing look beyond elements evidence otherwise said explore whether person convicted one crime also convicted another serious offense review categorical approach precludes explained adopted modified approach help implement categorical inquiry undermine descamps may may broken entered committed generic burglary crime convicted require factfinder whether jury judge make determination generic unlawful entry element alternative element conviction statute never generic burglary decides case descamps favor district enhanced sentence ninth circuit erred invoking modified categorical approach look behind descamps conviction search record evidence actually committed generic offense modified approach authorize sentencing substitute inquiry one may use modified approach determine alternative element divisible statute formed basis defendant conviction accordingly reverse judgment appeals ordered kennedy concurring matthew robert descamps petitioner writ certiorari appeals ninth circuit june justice kennedy concurring explains case concerns earlier convictions state statutes classified cases courts appeals today opinion indivisible see de oca en banc per curiam beardsley category used describe class criminal statutes drafted single set elements broader generic definition corresponding crime enumerated armed career criminal act acca ii one substantial concerns correct consider regular course criminal process convictions may entered often guilty pleas either attorney client given consideration possible later consequences acca see ante result certain facts documents approved judicial examination shepard may go uncontested alter sentencing consequences crime even though effect require later enhancement acca significant risk failing consider full consequences plea conviction troubling balanced justice alito indicates dichotomy divisible indivisible state criminal statutes clear see post dissenting opinion effect today decision unspecified number likely large number state criminal statutes indivisible often reach serious crimes otherwise subject acca provisions must amended state legislatures otherwise meet federal requirements even though come within acca terms state statute drafted different way intrusive demand due consideration concerns well expressed persuade reaches correct result disruption federal policy underlying acca nevertheless troubling substantial see post alito dissenting congress wishes pursue policy proper efficient way without mandating uniformity among respect criminal statutes scores serious offenses without requiring amendment number federal criminal statutes well congress act may determine whether acca design structure modified meet concerns expressed dissenting opinion observations join opinion thomas concurring judgment matthew robert descamps petitioner writ certiorari appeals ninth circuit june justice thomas concurring judgment petitioner matthew descamps convicted felon possession firearm subjected maximum sentence years imprisonment district however applied armed career criminal act acca enhancement mandatory minimum years based part descamps earlier california conviction burglary see california law says person enters number structures intent commit grand petit larceny felony guilty burglary california penal code ann west law face require jury determine whether entry unlawful required element generic offense burglary qualifies acca predicate see taylor majority holds may review underlying facts descamps state crime determine whether entered building unlawfully thus burglary conviction may used predicate offense acca agree conclusion disagree reasoning previously explained acca runs afoul apprendi new jersey allows judge mak finding raises defendant sentence beyond sentence lawfully imposed reference facts found jury admitted defendant james dissenting opinion internal quotation marks omitted logic apprendi may find facts prior conviction findings increase statutory maximum whether determining whether prior conviction entered see thomas concurring attempting discern facts necessary prior conviction see james pra thomas dissenting either case inappropriately finding fact must submitted jury increases penalty crime beyond prescribed statutory maximum apprendi supra light foregoing matter whether statute divisible indivisible see ante courts struggle contours modified categorical approach ibid reason descamps acca enhancement us yet reconsidered draws exception apprendi line cases judicial factfinding concerns defendant prior convictions shepard thomas concurring part concurring judgment regardless framework adopted judicial factfinding increases statutory maximum violation sixth amendment however today opinion least limits situations courts make factual determinations prior convictions concur judgment alito dissenting matthew robert descamps petitioner writ certiorari appeals ninth circuit june justice alito dissenting holds highly technical grounds california burglary conviction qualifies burglary conviction armed career criminal act acca according burglary california law broader generic burglary unlawfully entering remaining building intent commit crime california burglary statute divisible modified categorical approach used case involving indivisible statute even apparent california burglary conviction based everyone imagines term burglary mentioned breaking home steal valuables conviction holds must ignored give acca practical reading clear defendant necessarily admitted jury necessarily found defendant committed elements generic burglary conviction qualify petitioner burglary conviction meets requirement therefore affirm decision appeals petitioner charged case us already compiled criminal record included convictions washington state assault threatening kill judge convictions california robbery burglary see app fed appx release custody earlier crimes petitioner fired gun direction man supposedly owed money methamphetamine result charged federal possession firearm convicted felon violation jury found guilty district imposed enhanced sentence acca requisite number previous convictions violent felony serious drug offense acca defines violent felony include burglary punishable imprisonment term exceeding one year district appeals found petitioner california conviction fit definition concept conviction burglary might seem simple things worked way case law taylor held burglary acca means called generic burglary unlawful unprivileged entry remaining building structure intent commit crime determining whether burglary conviction qualifies definition easy elements set state statute narrower elements generic burglary see state offense broader event held federal may sometimes apply termed modified categorical approach may examine items record including charging documents jury instructions statements made guilty plea proceedings determine defendant actually found committed elements generic offense see shepard taylor supra petitioner argues conviction burglary california penal code qualify burglary conviction acca purposes particular way provision worded section provides person enters certain locations intent commit grand petit larceny felony guilty burglary cal penal code ann west provision broader generic burglary two respects first preclude application modified categorical approach concerns place burglarized generic burglary applies offenses involving entry building california provision also reaches offenses involving entry locations see ibid cases however federal considering whether apply acca may determine based examination certain relevant documents whether conviction actually based entry building may impose increased sentence see johnson nijhawan holder shepard supra second variation consequential whereas generic burglary requires entry unlawful unprivileged california statute refers without qualification person enters petitioner argues agrees discrepancy renders modified categorical approach inapplicable california burglary conviction ii holds sentencing courts may apply modified categorical approach crime defendant convicted single indivisible set elements ante holding based distinction divisible indivisible statutes important identify precisely taxonomy means understanding statute divisible sense used offense question includes separate elements elements generic offense element understand mean something jury must agree vote required convict law applicable jurisdiction see ante citing richardson although reserves decision question whether sentencing may take authoritative judicial decisions account identifying elements statute see ante assume sentencing may elements criminal offense generally set statutory text courts sometimes find unmentioned elements implicit see neder holding federal mail fraud wire fraud bank fraud statutes require proof materiality even though element mentioned statutory text think reason authoritative decision sort ignored certainly provided therefore proceed assumption statute divisible offense properly construed requisite elements holding modified categorical approach may used statute divisible sense required acca prior cases cause serious practical problems nothing text acca mandates exclusive focus elements offense acca increases sentence defendant three previous convictions violent felony emphasis added claims word convictions mandates narrow inquiry see ante ordinary speech said person convicted something may include facts go beyond bare elements relevant criminal offense moncrieffe holder alito dissenting slip exclusively inquiry mandated acca definition violent felony crime burglary ii drafting provision congress say crime elements burglary indeed fact congress referred elements elsewhere subparagraph see defining violent felony mean crime element use attempted use threatened use physical force person another emphasis added omitted reference elements ii suggests anything intend focus exclusively elements cf caraco pharmaceutical laboratories novo nordisk slip says precedents require approach accuses appeals flout ing reasoning taylor shepard nijhawan johnson see ante charge unfounded least three cases thought modified categorical approach used relation statutes may divisible shepard concerned prior convictions two massachusetts burglary statutes applied entry building case generic burglary also entry ship vessel vehicle mass laws ch west see also shepard think feature massachusetts statutes precluded application modified categorical approach see ante see also nijhawan discussing shepard today decision assumes building locations enumerated massachusetts statutes vessel alternative elements questionable quite likely entry building entry vessel simply alternative means satisfying element see commonwealth cabrera mass elements breaking entering nighttime intent commit felony breaking entering building ship vessel vehicle belonging another night intent commit felony egislatures frequently enumerate alternative means committing crime without intending define separate elements separate crimes schad arizona plurality feature distinguishes elements means need juror agreement see richardson supra therefore determining whether entry building entry vessel elements means critical question whether jury agree nature place defendant entered case decided earlier term illustrates building vessel may means separate elements lozman riviera beach required determine whether floating home buoyant dwelling vessel seven us thought two us thought might compare slip op slip sotomayor dissenting suppose defendant massachusetts charged breaking structure like lozman floating home order convict necessary jury agree whether structure building vessel jurors insisted building others convinced vessel jury hung answer yes according defendant charged burglarizing lozman floating home sitting jury defendant escaped conviction burglary matter strong evidence jury agree whether burglarized building vessel found massachusetts decision squarely point surely argument massachusetts legislature want demand juror agreement question words strong argument entry building entry vessel merely alternative means alternative elements reasoning shepard undermines argument modified categorical approach focuses solely elements conduct johnson like shepard involved statute may set alternative means rather alternative elements florida statute involved case battery occurs person either ctually intentionally touches strikes another person ntentionally causes bodily harm another person stat distinct possibility one foreclosed florida decision aware conviction provision require juror agreement whether defendant firmly touched lightly struck victim nevertheless johnson difficulty concluding modified categorical approach see far mandating approach decisions support practical understanding modified categorical approach thus shepard observed factual circumstances defendant prior conviction may relevant determining whether qualifies violent felony acca see material pleaded case later generally tell whether plea rested fact identifying burglary generic details instructions support conclusion jury case details generically limited charging document sort case emphasis added citation omitted plurality opinion developments law since taylor provide reason adhere demanding requirement prior conviction involved prior plea necessarily admitted facts equating generic burglary emphasis added noting context nongeneric burglary statute unless charging documents narro charge generic limits certainty generic finding lies jury instructions findings rulings pleaded case defendant admissions accepted findings fact confirming factual basis valid plea emphasis added nijhawan departed categorical approach altogether instead applied approach see anything nijhawan undermines position rigid adherence elements always required fears application modified categorical approach statutes unfair defendants often ha little incentive contest facts elements charged offense may wish irk prosecutor squabbling superfluous factual allegations ante argument attributes criminal defendants attorneys degree timidity may realistic event even defendant think worthwhile squabbl insignificant factual allegations defendant clearly incentive dispute allegations may bearing sentence often case alternative elements means suggest different degrees culpability cf cal penal code ann providing burglary certain inhabited locations enumerated punishable first degree burglary locations punishable second degree approach must concede one benefit provides extra measure assurance burglary conviction counted acca predicate unless defendant went trial actually found jury committed elements generic offense extra bit assurance generally quite modest best see compare happen indivisible burglary statute simply requires entry invading possessory right divisible statute following two alternative elements entry trespass entry invitation undisclosed criminal intent former statute jury required agree defendant invaded possessory right entering place question therefore possible jury convict even jurors thought defendant entered trespassing others thought entered invitation undisclosed criminal intent latter statute contrast jury agree either trespassed entered invitation undisclosed criminal intent requirement unanimity practical value evidence case pointed possibilities great many cases cases prosecuted california burglary statute suspect evidence generally points either trespassory entry typically involving breaking building covered place entry invitation undisclosed criminal intent many cases shoplifting cases evidence suggests defendant might done either probably common cases evidence supporting theories presence divisible statute containing alternative elements solve problem guilty verdict reveal alternative jury agreed unless jury asked return special verdict something generally favored criminal cases see lafave cases end guilty plea benefit divisibility even less judge accepts guilty plea typically required confirm factual basis plea see ed supp proffer factual basis generally focus exclusively one alternative elements nevertheless suggests extra modicum assurance provided cases involving divisible statutes needed prevent violations sixth amendment jury trial right ante disagree long judge applying acca determining defendant burglary question committed jury case necessarily found defendant pleading guilty necessarily admitted jury trial right infringed see modified categorical approach used decide whether jury actually required find elements generic offense defendant already enjoyed sixth amendment right jury determination elements taylor iii producing modest benefits holding create several serious problems determining whether statute divisible often harder acknowledges said statutes involved shepard johnson illustrates point assumes statutes divisible explained possible see supra determine whether statute contains alternative elements opposed merely alternative means satisfying element called upon apply acca required look beyond text statute may deceptive take example michigan compiled laws annotated west assault gun revolver pistol knife iron bar club brass knuckles dangerous weapon seems assume statute like enumerates alternative elements ante michigan courts held otherwise michigan law elements assault dangerous weapon intent injure place victim reasonable apprehension immediate battery people avant app although statute lists numerous types weapons particular type weapon element prosecution must prove beyond reasonable doubt instead list weapons statute merely enumerates alternative means committing even federal applying acca discovers decision holding particular fact must alleged charging document research end charging documents must generally include factual allegations go beyond bare elements crime specifically least enough detail permit defendant mount defense see lafave jurisdictions require fairly specific factual allegations see crim proc law ann west enumerating detailed requirements indictment people swanson app vacating conviction disorderly conduct submitting false police report information id describe particularity time date location alleged domestic battery acts comprising battery statement falsely reported edwards state crim app insufficient indictment robbery allege amount money taken must aver denomination money taken particular denomination unknown grand jury thus mere fact state law requires particular fact alleged charging document mean fact must found jury admitted defendant way sure whether particular items alternative elements simply alternative means satisfying element may find cases concerning correctness jury instructions treat items one way cases may arise frequently one reasons adopting modified categorical approach simplify work acca courts see shepard taylor holding today serve end holding also frustrate fundamental acca objectives repeatedly recognized congress enacted acca ensure violent dangerous recidivists subject enhanced penalties enhanced penalties applied uniformly regardless variations see see also terms fundamental fairness act ensure extent consistent prerogatives defining offenses type conduct punishable federal level quoting rejecting disparate results across based label given state particular crime holding hamper achievement objectives artificially limiting acca reach treating similar convictions differently based solely vagaries state law defendants convicted elements generic burglary california subject acca defendants engage exactly behavior say virginia fall within acca reach see code ann lexis avoid problems applying modified categorical approach similar burglary statute another state ask whether relevant portions state record clearly show jury necessarily found defendant necessarily admitted elements generic burglary record inconclusive conviction count record clear see reason granting special dispensation iv modified categorical approach applied petitioner conviction clear necessarily admitted therefore convicted committing elements generic burglary unlawful unprivileged entry building intent commit crime complaint information alleged petitioner unlawfully feloniously enter ed building centromart intent commit theft therein app trial inquired factual basis petitioner plea prosecutor stated petitioner crime involved breaking entering grocery store neither petitioner attorney voiced ibid order accept petitioner plea trial required california law ensure plea factual basis see cal penal code ann app must presume plea proceedings conducted regular manner see parke raley unmistakable inference arising plea transcript trial judge quite reasonably understood petitioner attorney assent factual basis provided prosecutor district appeals concluded petitioner admitted practical matter convicted committed elements generic burglary agree review determination see granting certiorari limited question presented petition even determination reviewed however lower courts conclusion sustained california burglary statute interpreted state defendant must either commit trespass entering location question enter violation possessory right see people gauze cal case judge accepted petitioner guilty plea must relied petitioner implicit admission broke store petitioner admitted entered store judge able assess whether invaded possessory right admission merely entering store permitted judge assess whether petitioner entered intent commit crime petitioner admission breaking therefore critical element well cf black law dictionary rev ed breaking denotes tearing away removal part house locks latches fastenings intended secure otherwise exerting force gain entrance intent commit felony explained burglary means unlawful unprivileged entry remaining building structure intent commit crime taylor based petitioner guilty plea shepard documents clear petitioner necessarily admitted elements generic burglary unlawfully entered building intent commit crime accordingly hold petitioner conviction qualifies conviction burglary reasons affirm decision appeals therefore respectfully dissent footnotes compare fed appx case applying modified categorical approach armstead applying approach similar indivisible statute beardsley holding modified categorical approach applies divisible statutes giggey en banc dissent delves nuances various laws effort cast doubt understanding prior holdings arguing used modified categorical approach cases like taylor shepard johnson relation statutes may divisible way described post alito dissent claims state laws issue cases set merely alternative means alternative elements offense post news us important news taylor shepard johnson courts decisions rested explicit premise laws contain ed statutory phrases cover several different crimes several different methods committing one offense johnson citing nijhawan dissent real point distinguishing alternative elements alternative means difficult see reason worry whatever statute lists whether elements means documents approved taylor shepard indictment jury instructions plea colloquy plea agreement reflect crime elements need parse state law way dissent suggests state law drafted alternative merely resorts approved documents compares elements revealed generic offense dissent understand takes view ninth circuit accordingly reasons statutory constitutional practical leads us reject proves fatal dissent position well dissent several times obscures call explore facts language categorical cases asking whether relevant portions state record clearly show jury necessarily found defendant necessarily admitted elements generic offense post see shepard plurality opinion reiterating taylor demanding requirement prior conviction involve jury finding element generic offense emphasis added dissent nowhere explains factfinder necessarily found fact definition necessary support conviction dissent fundamental view sentencing able make reasonable inference factfinder really even though necessarily found see post position accords dissenting colleague previously expressed skepticism categorical approach see moncrieffe holder slip alito dissenting hold categorical approach controlling state conviction issue based state statute encompasses substantial number cases qualify federal standard substantial number situations appropriate look beyond elements state offense rely well facts admitted state taking realistic view clearly proved several decades water dam dissent offers newly persuasive reasons revisiting precedents see also wright leipold federal practice procedure criminal pp ed single statute sets forth several different offenses pleading indicate crime defendant allegedly committed insufficient lafave israel king kerr criminal procedure ed statute specifies several different ways crime committed courts often hold pleading must refer particular alternative presented individual case several decisions treat invasion possessory right aspect entry element see people waidla cal fortes sacramento munic ct cal app cal rptr others view issue possessory right bearing affirmative defense consent see people sherow cal app cal rptr people felix cal app cal rptr california pattern jury instructions require jury find invasion possessory right convicting defendant burglary see cal jury government forfeited alternative argument qualifies predicate offense acca residual clause covers statutes involv ing conduct presents serious potential risk physical injury another ii express view argument merits compare mayer holding oregon burglary statute falls within residual clause even though include generic burglary elements kozinski dissenting denial rehearing en banc arguing panel opinion train wreck making footnotes however shepard documents reveal whether johnson found touched struck determine whether relatively innocuous phrase ctually intentionally touch ing another person constituted physical force purposes see johnson remaining case taylor may also involved statute divisible situation less clear defendant several missouri burglary convictions missouri several different burglary provisions effect time question see particular provision involved cases certain ibid least one provisions however may divisible provision mo rev stat repealed applied buildings also booth tent boat vessel railroad car entirely clear whether missouri required jurors agree particular choice list state vandergriff mo missouri held information deficient omitted description type building might burglarized defined thereby omitted essential element offense burglary second degree information must generally include factual details go beyond elements offense see lafave israel king kerr criminal procedure ed hereinafter lafave possible missouri mean say type building element sense understand use term board game clue refers see ante provide sound legal guidance game matters whether colonel mustard bashed victim head candlestick wrench lead pipe real life colonel almost certainly escape conviction simply jury unable agree particular type blunt instrument used commit murder ninth circuit held applying modified categorical approach may rely prosecutor statement factual basis guilty plea statement offered record defendant presence defendant object petitioner challenged ninth circuit rule issue within scope question granted certiorari accordingly apply purposes case majority suggests california law ambiguous requirement see ante confusion appears arisen petitioner conviction therefore irrelevant purposes case cf mcneill slip way answer acca question whether previous conviction serious drug offense consult law applied time conviction