Whether North Carolina breaking or entering is categorically broader than generic burglary

QUESTIONS PRESENTED 1. Whether North Carolina breaking or entering is categorically broader than generic burglary and thus cannot be a violent felony under the Armed Career Criminal Act when it can be committed by breaking into vehicles and structures that house only property and no people and without any entry at all. 2. Whether North Carolina breaking or entering is categorically broader than generic burglary because it does not have an “entry” requirement and is thus categorically attempted burglary. 3. Whether, in light of the United States recently conceding that a jury must find beyond a reasonable doubt that a defendant committed his Armed Career Criminal Act prior convictions on “occasions different from one another,” this Court should vacate the Fourth Circuit’s opinion and remand to the Fourth Circuit to conduct a plain error review of this question in the first instance. ii LIST OF ALL DIRECTLY