To sum up: The Armed Career Criminal Act does not define the term “burglary.” In Taylor, the Court explained that “Congress did not wish to specify an exact formulation that an offense must meet in order to count as ‘burglary’ for enhancement purposes.” Id., at 599. And the Court recognized that the definitions of burglary “vary” among the States. Id., at 598. The Taylor Court therefore interpreted the generic term “burglary” in §924(e) in light of: the ordinary understanding of burglary as of 1986; the States’ laws at that time; Congress’ recognition of the dangers of burglary; and Congress’ stated objective of imposing increased punishment on armed career criminals who had committed prior burglaries. Looking at those sources, the Taylor Court interpreted generic burglary under §924(e) to encompass remaining-in burglary. Looking at those same sources, we interpret remaining-in burglary under §924(e) to occur when the defendant forms the intent to commit a crime at any time while unlawfully present in a building or structure.
Justice Thomas concurs to urge the Court to reconsider Taylor and "end the unconstitutional judicial factfinding that occurs when applying the categorical approach."
Finally, I note that "Quarles" is a great name for a case (yes, I know how to spell quarrel).
