United States v. Matthews, 374 F.3d 872
(9th Cir. July 7, 2004) (conviction of burglary of an occupied
building did not constitute a crime of violence under U.S.S.G.
§ 4B1.2(a)(2), where the parties agreed the term "occupied"
did not require a persons actual physical presence).

jurisdiction: 
Ninth Circuit

 

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