NM Commercial Burglary Conviction was Generic Burglary for ACCA Purposes

U.S. v. King, 2005 WL 2093031 (8/31/05)--The 10th held the indictment and plea colloquy regarding a prior N.M. commercial burglary conviction established that the prior conviction fit the generic burglary definition for ACCA purposes because the defendant was convicted of burglarizing a "structure." The 10th did not address the argument, supported by a 9th Circuit case, that the relevant documents did not establish that the "structure" was large enough to fit a person. The 10th also ruled that the d.ct.'s improper reliance on photos of the "structure" that were outside the state court record was harmless since the proper documents showed the conviction was a generic burglary.