Herrold v. United States

Issues: (1) Whether the Texas burglary statute — which states that a person commits burglary of a “habitation” if the target of the burglary is “a structure or vehicle that is adapted for the overnight accommodation of persons” — is a generic burglary statute for the purposes of the Armed Career Criminal Act; and (2) whether — if both of petitioner’s prior burglary convictions are deemed “generic burglaries” and therefore violent felonies under the ACCA, in conflict with the majorities in the U.S. Courts of Appeals for the 4th, 5th, 6th, 7th, 8th, 9th and 11th Circuits — the ACCA gave petitioner fair notice that both of his burglary convictions were “violent felonies.”