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United States v. Edwards

In this criminal sentencing case, the Ninth Circuit found--as the government conceded--that burglary under section 205.060 of the Nevada Revised Statutes is not divisible per Descamps and thus is not subject to the modified categorical approach to determine if it is a crime of violence. Nor did the government argue the offense is a categorical crime of violence. Like California Penal Code section 459, NRS 205.060 requires only "entry." It does not specify breaking and entering and apparently it encompasses entering stores open to the public.

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