Oklahoma Second-Degree Burglary Not Categorically an ACCA Predicate

US v. Cartwright, 2012 WL 1864318 (10th Cir. 2012), published. An Oklahoma conviction of second-degree burglary is not categorically a basis for ACCA enhancement. Applying the modified categorical approach, Defendant's conviction was a predicate crime of violence for ACCA purposes. Defendant's burglary was an intrusion "by a tool or instrument" and did not require personal entry. Following a lengthy discussion of what is burglary under the Model Penal Code, Taylor, etc., the Court concludes that this type of burglary qualifies as generic burglary. Regarding another conviction, Defendant's plea of nolo contendre constituted an admission to the essential elements of generic burglary and could be used as a predicate ACCA conviction.