United States v. Gonzalez-Terrazas, 529 F.3d 293 (5th Cir. May 22, 2008) (court may not look to language in charge, that defendant committed burglary "willfully and unlawfully" to determine whether the California burglary conviction fits within they Taylor generic definition of burglary where an "unlawful" entry into the building is not an element of the crime of conviction; because the California burglary statute is not divisible, there was no need to look to the record of conviction), following United States v. Ortega-Gonzaga, 490 F.3d 393 (5th Cir.2007).

jurisdiction: 
Fifth Circuit

 

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