Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petitioner (On Petition for Writ of Certiorari).

Argument: This case presents a threshold question under the categorical approach: What are the elements of generic burglary? Petitioner’s case involves an entrenched split on whether criminal intent must exist when a trespass begins. The circuit split implicates numerous state burglary statutes. The Sixth Circuit’s approach to generic burglary has widespread and serious practical consequences. Interpretation of the “remaining in” element of generic burglary affects all state burglary ACCA predicates. ACCA mandatory minimums are common and are frequently predicated on state burglary offenses. The Sixth Circuit’s approach greatly expands the scope of conduct that will trigger mandatory minimum sentences under ACCA.