Neither Colorado second-degree burglary nor a Colorado juvenile conviction for second-degree assault are ACCA predicates

United States v. Lozado, 968 F.3d 1145 (10th Cir. 7/28/20) (Colo.) – The Court reverses the sentence applying an enhancement under the Armed Career Criminal Act because it finds two of Mr. Lozado’s state offenses could only have qualified as violent felonies under the unconstitutional residual clause. Colorado second-degree burglary of a building is not a violent felony under the ACCA enumerated offenses clause. The state statute defined burglary much more broadly than generic burglary; it included vehicles in the definition of “building.” There were no identified court records that established that the defendant’s conviction was necessarily based on the elements of generic burglary. The district court plainly erred by finding the defendant’s juvenile conviction for Colorado second-degree assault constituted a predicate ACCA felony. A juvenile offense qualifies as an ACCA violent felony only if it requires use or carrying of a firearm, knife, or incendiary device and Mr. Lozado’s offense of conviction encompassed a much broader swath of conduct. Thus, it too did not qualify for the ACCA enhancement.