Whether a burglary conviction based on an aiding and abetting theory qualifies as an enumerated burglary under the Armed Career Criminal Act

QUESTION PRESENTED In Taylor v. United States, 495 U.S. 575, 588-89 (1990), this Court held that in determining whether a particular state crime constitutes “burglary” for purposes of the Armed Career Criminal Act (“ACCA”), the courts are to apply a categorical approach that looks to the statutory elements of the offense, not the facts of the particular case, to determine if the offense comports with or is narrower than the generic definition formulated by the Zay/or Court. 1. In determining whether a burglary conviction based on an aiding and abetting theory qualifies as an enumerated burglary under the ACCA, does the categorical approach apply to both the burglary statute and the aiding and abetting doctrine, such that a burglary conviction based on an overbroad aiding and abetting statute does not constitute generic burglary? I