Richard Mathis, Petitioner v. United States. — Thomas, J., Concurring

Summary

Justice Thomas concurs with the Court’s opinion, agreeing that the modified categorical approach cannot be used to determine the specific means by which a defendant committed a prior burglary for ACCA sentencing. He emphasizes that allowing judges, rather than juries, to decide such facts infringes the Sixth Amendment and would expand Almendarez‑Torres. He joins the majority in refusing to let judges determine the means of prior convictions without a jury finding.