James v. United States, 550 U.S. ___, 127 S.Ct. 1586 (April 18, 2007) (Florida conviction for attempted burglary of a dwelling qualifies as a violent felony for the purposes of the Armed Career Criminal Act, 18 U.S.C 924(2)(B)(ii), under the residual provision in 18 U.S.C. 924(2)(B)(ii), as an offense that "otherwise involves conduct that presents a serious potential risk of physical injury to another.")



Note: James v. United States does not apply to the question whether the statute triggers a 16-level sentence enhancement for illegal reentry after deportation, as a "burglary of a structure" enumerated offense, since USSG 2L1.2 cmt. n.1(B)(iii) does not contain a similar residual provision). United States v. Gomez-Guerra, ___ F.3d ___ (5th Cir. April 23, 2007) (United States Sentencing Guidelines Manual 2L1.2(b)(1)(A)(ii) (2005), as an enumerated offense ("burglary of a dwelling" under USSG 2L1.2 cmt. n.1(B)(iii)), does not include residual clause similar to that construed in James).