Supreme Court of the United States

Descamps v. United States

June 20, 2013

Summary

The Supreme Court held that the modified categorical approach does not apply to indivisible statutes that criminalize conduct broader than the generic offense. Descamps' California burglary conviction could not serve as an ACCA predicate because the statute lacked the unlawful-entry element required for generic burglary, even if underlying facts showed he committed generic burglary.