Whether Tennessee aggravated burglary qualifies as generic burglary under the Armed Career Criminal Act

QUESTION PRESENTED The Armed Career Criminal Act’s mandatory penalty can be triggered by prior convictions for “burglary.” “Burglary” carries the meaning that the majority of jurisdictions were giving it in 1986 when the ACCA was enacted. At that time, the majority rule held that to count as burglary an offense must involve an entry by the person or by an instrument being used to commit the felony therein, not merely by an instrument being used to try to make entry. Tennessee law makes the last scenario—the use of an instrument in an attempt to make entry—a burglary. Is Sixth Circuit precedent that counts Tennessee aggravated burglary as a generic burglary in error? ii