1 Analyses of this case by attorneys

  1. Tenth's First Discussion of Descamps Results in Divided Panel

    Federal Public Defender Office, District of New MexicoShari AllisonDecember 4, 2013

    He says U.S. v. Ventura-Perez, 666 F.3d 670 (10th Cir. 2012) held that the Texas statute was divisible and therefore the modified categorical approach applies. Appurtenant structures could be structures that are not dwellings under the dwelling definition of U.S. v. Rivera-Oros, 590 F.3d 1123 (10th Cir. 2009). Since the Shepard documents did not prove the defendant necessarily was convicted of burglary of a dwelling, the district court committed plain error.