Cases from cite.case.law:

. . . . §§ 30.01, 30.02 (West 1989) (effective 1974); Utah Code Ann. §§ 76-6-201(1), 76-6-202 (1978) ; W. . . .

. . . Uribe , 838 F.3d 667, 671 (5th Cir. 2016) (holding Texas Penal Code § 30.02(a) is divisible). . . . PENAL CODE § 30.02(a) (2017). C. . . . burglary, while a conviction under § 30.02(a)(3) does not. 753 F.3d at 176. . . . As a result of its findings that § 30.02(a)(3) was broader than generic burglary, and because §§ 30.02 . . . of violence ... meaning § 30.02 is a qualifying felony under § 2L1.2(b)(1)(C)."). . . .

. . . that his ACCA sentencing enhancement based upon multiple burglary convictions under Texas Penal Code § 30.02 . . .

. . . The en banc court further held that § 30.02(a)(3)"is broader than generic burglary." . . . generic burglary under the ACCA, and §§ 30.02(a)(1) and (a)(3) are not divisible. . . . Fuentes-Canales was convicted under subsections (a) and (d) of § 30.02. . . . Penal Code Ann. § 30.02(a) and (d) (West 2008). U.S. . . . Penal Code Ann. § 30.02(d)(2) (West 2008). See United States v. . . .

. . . that Wiese could have been convicted under a non-generic form of Texas burglary, Texas Penal Code § 30.02 . . . In 2003, when Wiese was convicted of being a felon in possession, all of § 30.02(a) was considered generic . . . That we held five years later that § 30.02(a)(3) is not generic burglary, United States v. . . . Constante , 544 F.3d 584, 587 (5th Cir. 2008) (per curiam), or that we held earlier this year that § 30.02 . . . Shepard documents reflect that he was convicted with the requisite intent under Texas Penal Code § 30.02 . . .

. . . Guidelines based on Montalvo's prior conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . , arguing that his prior conviction did not qualify for that enhancement because Texas Penal Code § 30.02 . . . Herrold , 883 F.3d at 529 ("In light of Texas case law, we hold that Texas Penal Code §§ 30.02(a)(1) . . . ; and, as the dissent in Herrold recognizes, "[t]he effect of" Herrold 's ruling Texas Penal Code § 30.02 . . . and convictions under § 30.02(a)(1) qualified as generic burglary); Soc'y of Separationists, Inc. v. . . .

. . . The enhancement reflected Godoy's two prior burglary convictions under Texas Penal Code § 30.02. . . . In support of his argument that Texas Penal Code § 30.02 is not a crime of violence under § 2L1.2(b)( . . . 1)(A)(ii), Godoy urged that § 30.02 is broader than generic "burglary of a dwelling." . . . And even if it were not, a § 30.02 burglary offense is not a crime of violence under § 16(b) because . . . Penal Code § 30.02(a). . . .

. . . 2L1.2(b)(l)(A)(ii) based on his Texas convictions of burglary of a habitation under Texas Penal Code § 30.02 . . .

. . . His appeal rests on the assertion that Texas Penal Code § 30.02 is not divisible under Mathis v. . . . After his brief was filed, we held that § 30.02 is divisible under Mathis. United States v. . . .

. . . argues that the district court erred in treating his 2004 burglary conviction under Texas Penal Code § 30.02 . . . United States, — U.S. -, 136 S.Ct. 2243, 196 L.Ed.2d 604 (2016), § 30.02 is indivisible and not categorically . . .

. . . Guidelines based on Bacio-Gonzales’ prior conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . sentence, arguing that the Texas burglary statute is not divisible and that not every violation of § 30.02 . . .

. . . We begin by evaluating the scope of Texas Penal Code § 30.02(a)(3). A. . . . I begin with § 30.02(a)(3). . . . PENAL CODE §§ 30.01(3), 30.02, 30.04. . . . Penal Code § 30.02(a) (2017). Mathis v. . . . Penal Code Ann. § 30.02(a)(3) (West 2011)."); United States v. . . .

. . . Before his 2016 deportation, he had been convicted of burglary of a habitation under Texas Penal Code § 30.02 . . .

. . . based on a determination that his conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), § 30.02 defines a single indivisible . . . Conde-Castaneda, 753 F.3d 172, 175-76 (5th Cir. 2014), this court held that § 30.02 is a divisible statute . . . courts may apply the modified categorical approach to determine which of the three subsections in § 30.02 . . .

. . . . § 30.02. . . . Penal Code §§ 30.01, 30.02 (1986) (emphasis added). . . . reconsideration where the Fifth Circuit had upheld the use of a conviction under Texas Penal Code § 30.02 . . .

. . . 2L1.2(b)(l)(A)(ii) based on his Texas convictions of burglary of a habitation under Texas Penal Code § 30.02 . . . 195 L.Ed.2d 604 (2016), that the burglary statute is not divisible and that not every violation of § 30.02 . . . He also contends that the state-court documents failed to show under which subsection of § 30.02 he was . . .

. . . The sentence was based on his prior convictions for burglary of a habitation under Texas Penal Code § 30.02 . . . The Texas burglary statute, § 30.02(a), has three subsections, and our court has held an offense under . . . § 30.02(a)(1) qualifies as generic burglary. . . . Moreover, § 30.02(a) is divisible and, therefore, amenable to the modified categorical approach. . . . Madrid’s contentions regarding the divisibility of § 30.02(a) are, therefore, unavailing. . . .

. . . l)(A)(ii) based on his prior Texas conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . L.Ed.2d 604 (2016), that the Texas burglary statute is not divisible and that not every violation of § 30.02 . . .

. . . ) based on his prior Texas felony convictions for burglary of a habitation under Texas Penal Code § 30.02 . . . L.Ed.2d 604 (2016); that the Texas burglary statute is not divisible and that not every violation of § 30.02 . . .

. . . . § 30.02(a) (2009), is a divisible statute that is amenable to application of the modified categorical . . . Galvan-Fuentes’s argument, in reliance on Mathis, that § 30.02(a) is not divisible and, thus, cannot . . .

. . . on Prado-Mendoza’s prior conviction for burglary of a habitation in violation of Texas Penal Code § 30.02 . . . Conde-Castaneda, 753 F.3d 172, 176-77 (5th Cir. 2014), we held that § 30.02(a) is a divisible statute . . . and that a conviction under § 30.02(a)(1) qualifies as a generic burglary. . . . We recently revisited this holding in light of Mathis and decided that § 30.02(a) is “elements-based” . . .

. . . According to Gasea, the district court erred in treating his 2004 conviction under Texas Penal Code § 30.02 . . . United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), § 30.02 is indivisible and not categorically . . . The Texas burglary statute, § 30.02(a) has three subsections, and we have held that an offense under . . . § 30.02(a)(1) qualifies as generic burglary. . . . Moreover, § 30.02(a) is divisible and therefore amenable to the modified categorical analysis. . . .

. . . . § 30.02 (2009), is a divisible statute that is amenable to application of the modified categorical . . . Ramirez-Cantu’s argument, in reliance on Mathis, that § 30.02(a) is not divisible and, thus, cannot support . . .

. . . (2015) based on his prior conviction of burglary of a habitation in violation of Texas Penal Code § 30.02 . . . Conde-Castaneda, 753 F.3d 172, 176-77 (5th Cir. 2014), we held that § 30.02(a) is a divisible statute . . . and that a conviction under § 30.02(a)(1) qualifies as a generic burglary. . . . In Uribe, we decided that § 30.02(a) “is elements-based, it is divisible and the modified categorical . . .

. . . based on a determination that his conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . United States, — U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), § 30.02 defines a single indivisible . . . Conde-Castaneda, 753 F.3d 172, 175-76 (5th Cir. 2014), this court held that § 30.02 is a divisible statute . . . courts may apply the modified categorical approach to determine which of the three subsections in § 30.02 . . .

. . . 1)(A)(ii) based on his prior Texas conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . L.Ed.2d 604 (2016), that the Texas burglary statute is not divisible and that not every violation of § 30.02 . . .

. . . enhancement was improper, Ramirez-Villalzana contends, because the Texas burglary statute, Texas Penal Code § 30.02 . . . 136 S.Ct. at 2249-50, Whether the district court erred thus turns on whether, in light of Mathis, § 30.02 . . . While the instant appeal was pending, we concluded that § 30.02(a) is a divisible, elements-based statute . . . Consequently, “the modified categorical approach applies to determine which of the provisions of § 30.02 . . . the permissible record documents reveals that Ramirez-Villalza-na’s prior convictions were based on § 30.02 . . .

. . . . § 4B1.1 based on his Texas conviction for burglary of a habitation under Texas Penal Code § 30.02. . . .

. . . His appeal rests on the assertion that Texas Penal Code § 30.02 is not divisible under Mathis v. . . . After his brief was filed, we held that § 30.02 is divisible under Mathis. United States v. . . .

. . . Penal Code § 30.02(a)(1), which the district court characterized as crimes of violence. . . . Conde-Castaneda, 753 F.3d 172, 176 (5th Cir. 2014) (holding that § 30.02(a) is divisible and reiterating . . . that offenses under § 30.02(a)(1) qualify as generic burglary). . . . In Uribe, the court decided that § 30.02(a) “is elements-based, it is divisible and the modified categorical . . . and the district court did not err in treating Saldivar-Vas-quez’s Texas burglary convictions under § 30.02 . . .

. . . . § 2L1.2(b)(l)(A)(ii) enhancement based upon his prior conviction under Texas Penal Code § 30.02(a)( . . . We have previously held that § 30.02(a) is divisible under the modified categorical approach and that . . . a § 30.02(a)(1) conviction supports a § 2L1.2(b)(l)(A)(ii) enhancement. . . .

. . . Diaz was convicted of burglary under Texas Penal Code § 30.02. . . . Section 30.02 is a divisible statute, and we have held that a violation of § 30.02(a)(1) constitutes . . . Because the state court documents reflect that Diaz pleaded guilty to an offense under § 30.02(a)(1), . . .

. . . Neiva was convicted of burglary under Texas Penal Code § 30.02, a divisible statute. . . . Those documents demonstrate that Neiva pleaded guilty under § 30.02(a)(1), which, for purposes of the . . .

. . . due to his prior Texas conviction for burglary of a habitation, in violation of Texas Penal Code § 30.02 . . . Conde-Castaneda, 753 F.3d 172, 176 (5th Cir. 2014) (holding that § 30.02(a) is divisible and reiterating . . . that offenses under § 30.02(a)(1) qualify as generic burglary). . . .

. . . Section 30.02(a) of the Texas Penal Code is divisible, the state court documents reflect that Franco-Villagrana . . . violated § 30.02(a)(1), and a violation of § 30.02(a)(1) constitutes generic burglary of a dwelling. . . .

. . . the subsection of the Texas burglary statute that supports such an enhancement, Texas Penal Code § 30.02 . . .

. . . based on his 2012 Texas conviction for burglary of a habitation, in violation of Texas Penal Code § 30.02 . . . Conde-Castaneda, 753 F.3d 172, 175-77 (5th Cir. 2014), our court concluded: § 30.02(a) was divisible . . . because of the differing elements required for § 30.02(a)(1) and (a)(3); and, a conviction under § 30.02 . . . (a)(1), but not under § 30.02(a)(3), qualified as generic burglary. . . . Montalvo maintains state-court documents do not explicitly state whether he was convicted under § 30.02 . . .

. . . under the modified categorical approach, show that Myers was convicted of violating Texas Penal Code § 30.02 . . .

. . . . § 30.02, By failing to raise any specific error in the revocation or revocation sentence, he has abandoned . . . He argues that § 30.02(a) is not divisible and, in the alternative, that the Government failed to show . . . violence because the judgment references § 30.01(a)(1) while the indictment tracks the language of § 30.02 . . . Section 30.02(a) of the Texas Penal Code is divisible, and a violation of § 30.02(a)(1) constitutes generic . . . established that a conflict renders the judgment unreliable for purposes of determining which subsection of § 30.02 . . .

. . . In 2008, Segundo was convicted of burglary of a habitation, in violation of Texas Penal Code § 30.02( . . . Because § 30.02(a) is divisible, the court, under the modified categorical approach, may consider certain . . . These documents show Segundo was convicted under § 30.02(a)(1), which constitutes generic burglary of . . .

. . . More specifically, Johnson argues that Texas Penal Code § 30.02(a) is not divisible. . . . Johnson also argues that § 30.02(a) does not constitute generic burglary of a dwelling because it encompasses . . . not err in applying the crime-of-violence enhancement because Johnson was convicted of • violating § 30.02 . . .

. . . predicate because Mathis compels the conclusion that Texas’s burglary provision, Texas Penal Code § 30.02 . . . Uribe, this court held that Texas Penal Code § 30.02(a) remained divisible after Mathis. . . .

. . . Librarian of Cong., 608 F.3d 861, 863 (D.D.C. 2010); see generally Nimmer on Copyright § 30.02. . . .

. . . Constante, 544 F.3d 584, 585, 587 (5th Cir. 2008) (relying on the language of TPC § 30.02(a) to conclude . . .

. . . Simpson argues that he only pleaded guilty to a burglary offense under subsection 30.02(a)(3) of the . . . A conviction under the former does not count, a crime of violence because section 30.02(a)(3) does not . . . Penal Code § 30.02(a). . . . .

. . . . § 2L1.2(b)(1) because of his prior burglary conviction under Texas Penal Code § 30.02(a). . . . We have previously held that Texas Penal Code § 30.02(a) is divisible and recently reaffirmed this holding . . . Accordingly, Mondragon, who was convicted under Texas Penal Code § 30.02(a)(1), qualified for the sentencing . . .

. . . (3) based on his prior Texas conviction for burglary of a habitation because (1) Texas Penal Code § 30.02 . . . (a) is not a divisible statute and (2) not every violation of § 30.02(a) qualifies as a crime of violence . . .

. . . determination that his prior conviction for burglary of a habitation in violation of Texas Penal Code § 30.02 . . .

. . . The Texas offense at issue was set forth in Texas Penal Code § 30.02(a)(3), which . criminalized “entering . . . Penal Code Ann. § 30.02(a)(3), was not generic burglary because it did not contain the element of intent . . . Penal Code Ann. § 30.02(a)(3)); Herrera-Montes, 490 F.3d at 391 (addressing Tenn. . . . Penal Code Ann, § 30.02(a)(3)). . Id. 587. . Ohio Rev. . . . Penal Code § 30.02(a)(3) (similar). . 490 F.3d 390 (5th Cir. 2007). . Id. at 391 (citing Tenn. . . . Penal Code] section [30.02](a)(3) necessarily developed the intent to commit the crime while remaining . . . . § 30.02(a)(1) (West 2011) Wis. Stat. . . . Penal Code Ann. § 30.02(a)(2) (West 2011) Wyo. Stat. . . . Bonilla, the Fourth Circuit held that a conviction under Texas Penal Code section 30.02(a)(3) qualified . . . Penal Code Ann. § 30.02; Utah Code Ann. § 76-6-202; Vt. Stat. Ann. Tit. 13, § 1201; Va. . . . Penal Code Ann. § 30.02 (West 2011)). . Id. at 192-93. . Id. at 193. . Id. . Id. . United States v. . . .

. . . Garcia-Mendez’s “burglary of a habitation” conviction fell under §§ 30.01(1) and 30.02(a)(1) of the Texas . . . Penal Code Ann. § 30.02(a)(1). . . . conviction under § 39-14-403 is even more closely akin to Garcia-Mendez’s Texas conviction under § 30.02 . . .

. . . court relied on Rojas-Ibarra’s prior conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . of a dwelling” to enhance his sentence because there is no evidence identifying the subsection of § 30.02 . . . 2014) (applying a modified categorical approach to determine whether a defendant’s conviction under § 30.02 . . .

. . . Bryant had previously been convicted under Texas’s burglary of a habitation statute, Texas Penal -Code § 30.02 . . . (a), and Bryant had admitted to violating Texas Penal Code § 30.02(a)(1) and (a)(3) in his judicial confession . . . modified categorical approach, we determined that Uribe had confessed to and been convicted under § 30.02 . . . Like Uribe, Bryant confessed to violating § 30.02(a)(1) and (a)(3), and was convicted under § 30.02(a . . . Because 30.02(a)(1) is a “crime of violence” under the Sentencing Guidelines, Bryant’s crime of violence . . .

. . . Penal Code § 30.02(a), his presen-tence report included, and the district court applied, a 16-level crime . . . Penal Code § 30.02(a). . . . Uribe confessed to violating § 30.02(a)(1) and (a)(3), and he was convicted under § 30.02(a). . . . him under . § 30.02 generally. . . . Penal Code § 30.02(a), was later amended to include “assault’’ in every subsection. . . .

. . . Penal Code § 30.02(a)). . Id. at 177-78. . U.S. . . .

. . . argues that the state court records do not indicate whether he was convicted under Texas Penal Code § 30.02 . . . (a)(1) or Texas Penal Code § 30.02(a)(3) for his burglary of a habitation and his attempted burglary . . . Because § 30.02(a)(3) does not constitute generic burglary, he asserts that the statute can be violated . . . The documentation submitted to the sentencing court established that Strecker was convicted under § 30.02 . . . A conviction under § 30.02(a)(1) qualifies as a generic burglary offense. See United States v. . . .

. . . Penal Code §§ 30.02, 30.04. . . .

. . . Penal Code § 30.02(a). . . . Penal Code § 30.02(a)(1). . . . under § 30.02(a)(1). . . . The Government asserts that, because § 30.02(a)(1) and § 30.02(a)(3) require proof of different facts . . . penalty provisions — § 30.02(c)(2) (second-degree felony), or § 30.02(d) (first-degree felony). . . .

. . . our holding in Conde-Castaneda, in which we held that burglary of a building under Texas Penal Code § 30.02 . . . Section 30.02 of the Texas Penal Code is a generic burglary statute, punishing nonconsensual entry into . . . Our reasoning admittedly never explicitly stated which provision of 30.02 we were classifying as generic . . . As we later clarified, Silva “could have only been referring to § 30.02(a)(1)” in holding that Texas . . . Hageon, 418 Fed.Appx. 295, 298 (5th Cir.2011) ("The Texas crime of burglary as defined in § 30.02(a)( . . .

. . . 16, 125 S.Ct. 1254, 161 L.Ed.2d 205 (2005), to determine which of the three alternatives of Section 30.02 . . . In Conde-Castaneda we further held that, where, as here, a defendant was indicted under both Section 30.02 . . .

. . . The indictment and judgment establish that Ramirez-Torres was convicted under Texas Penal Code § 30.02 . . .

. . . Presley argues for the first time on appeal that his Texas burglary conviction under Section 30.02(a) . . . In that case, we noted that “[a] burglary conviction under Texas Penal Code § 30.02(a)(1) qualifies as . . . a crime of violence [under the career offender guideline] but a conviction under § 30.02(a)(3) does . . . Clair, because a conviction under Section 30.02(a)(3) is not a crime of violence. . . . But Constante clearly held that a conviction under § 30.02(a)(3) is not a violent felony. . . .

. . . The bill of information for the 1998 conviction reveals that it was under § 30.02(a)(3) of the Texas . . . ACCA’s fifteen-year minimum sentence because, including the 1998 conviction under Texas Penal Code § 30.02 . . . In Constante, 544 F.3d at 587, this court held that convictions under Texas Penal Code § 30.02(a)(3) . . . .3d 619 (5th Cir.2014), principally because I believed that it was unclear whether Texas Penal Code § 30.02 . . . Post-Johnson, it is now clear without any room for doubt that Texas Penal Code § 30.02(a)(3) offenses . . .

. . . applying the career offender guideline because his prior burglary convictions under Texas Penal Code § 30.02 . . . Clair’s three prior convictions were for violations of Texas Penal Code § 30.02(a)(3). . . . Clair’s two convictions under § 30.02(a)(3) are not crimes of violence. . . . Constante repeatedly stated that a conviction under § 30.02(a)(3) is not a violent felony. . . . But Constante clearly held that a conviction under § 30.02(a)(3) is not a violent felony. . . .

. . . Defendants failed to timely designate and produce the witness in accordance with the requirements of Rule 30.02 . . . trial which advised the jury that it could infer that Allied/BFI’s policies and procedures and Rule 30.02 . . .

. . . . § 30.02. . . .

. . . a person who has “a greater right to possession of the property than the actor,” Texas Penal Code § 30.02 . . .

. . . First, he asserts his prior convictions for burglary under Texas Penal Code § 30.02(a) are not violent . . .

. . . . § 30.02(a)(1) for entering a habitation without the effective consent of the owner with the intent . . . A conviction under § 30.02(a)(1) qualifies as a generic burglary offense because § 30.02(a)(1) includes . . .

. . . The district court classified Emeary’s prior conviction under § 30.02(a)(3) of the Texas Penal Code for . . . words, under the reasoning of Ramirez, it remains an open question whether Emeary’s conviction under § 30.02 . . . There is no definitive answer in the decisions of the Supreme Court or this circuit whether Emeary’s § 30.02 . . .

. . . . § 30.02 (Vernon 2011). . . . (a)(3) because only a § 30.02(a)(1) conviction is a first degree felony. . . . (a)(1) and § 30.02(a)(3), and the judgment recited only that he had been convicted under § 30.02(c)(2 . . . Penal Code Ann. § 30.02(c)(2). . . . (c)(2) means that the conviction may still be considered a violation of § 30.02(a)(1). . . .

. . . Guidelines § 2L1.2(b)(l)(A)(ii) based on his Texas conviction for burglary under Texas Penal Code § 30.02 . . .

. . . Aug. 25, 2014), wherein we held that § 30.02 of the Texas Penal Code was divisible and that a written . . . (a)(1) and § 30.02(a)(3), was sufficient to establish that the defendant was convicted of both offenses . . . alleged in the indictment and thus sufficiently establishes that he was convicted of violating both § 30.02 . . . (a)(1) and § 30.02(a)(3). . . . Because § 30.02(a)(1) qualifies as a crime of violence under the Guidelines, the district court did not . . .

. . . . § 30.02 is divisible and that a written judicial confession containing an admission to two types of . . . burglary proscribed in the Texas statute, specifically § 30.02(a)(1) and § 30.02(a)(3), is sufficient . . . Fearance’s written judicial confession contained an admission to both § 30.02(a)(1) and § 30.02(a)(3) . . . Because § 30.02(a)(1) qualifies as a violent felony under the ACCA, the district court did not err in . . .

. . . Penal Code § 30.02(a)(1). . . .

. . . The main focus in the Texas cases has been Sections 30.02(a)l and (a)(3) of the Texas Penal Code. . . . Section 30.02 states in pertinent part: A person commits an offense if, without the effective consent . . . Penal Code § 30.02(a). . . . There is a dearth of authority that discusses subpart (2) of Section 30.02(a), involving the “remaining . . . Nevertheless, there are many number of Fifth Circuit cases that hold that Section 30.02(a) complies with . . .

. . . Bias: 1) pled guilty in Texas to burglary of a building under Texas Penal Code Annotated § 30.02(a)(3 . . .

. . . . § 30.02 qualified as a crime of violence for the purpose of categorizing him as a career offender pursuant . . . there are several methods by which a defendant may commit a burglary under Texas Penal Code Ann. § 30.02 . . . Anderson notes that there is no document that indicates which subsection of § 30.02 he violated. . . . His indictment included language from both Texas Penal Code Ann. § 30.02(a)(1) and § 30.02(a)(3). . . .

. . . Penal Code § 30.02(a). . . . Conde maintains that § 30.02(a)(1) and § 30.02(a)(3) should be grouped together and analyzed under the . . . As we stated earlier, this is exactly the case with § 30.02(a)(1) and § 30.02(a)(3). . . . Conde’s indictment establishes that Conde was charged with violating § 30.02(a)(1) and § 30.02(a)(3), . . . 30.02(a), and did so by entering a habitation. . . .

. . . Penal Code §§ 30.02(a)(1), (a)(3). . . . (a)(3), not § 30.02(a)(1). . . . Penal Code 30.02). . . . Penal Code § 30.02(1). . . . The court in Silva did not distinguish between § 30.02(a)(1) and § 30.02(a)(3). . . .

. . . Silva, 957 F.2d 157, 161— 62 (5th Cir.1992) (holding that a conviction under § 30.02 was a violent felony . . . Silva foreclosed his argument that a conviction under Texas Penal Code § 30.02(a)(3) was not a violent . . . Therefore, since his prior convictions under § 30.02(a)(3) were no longer violent felonies, he should . . . Penal Code Ann. § 30.02(a). . . . Acknowledging that Silva had determined that a conviction under § 30.02 constituted a violent felony . . .

. . . Whether Castaneda was convicted under § 30.02(a)(1) or § 30.02(a)(3) therefore matters because the former . . . In the instant case, to determine whether § 30.02(a)(1) or § 30.02(a)(3) formed the basis of Castaneda . . . while § 30.02(a)(1) is a generic burglary, § 30.02(a)(3) is not. . . . Penal Code Ann. § 30.02(a) (West Supp.2000). . . . . Penal Code Ann. § 30.02(a)(3) (West Supp.2000). . . . .

. . . prior conviction for burglary of a habitation with intent to commit theft under Texas Penal Code § 30.02 . . .

. . . Armendariz-Perez’s prior Texas conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . Rather, it appears the only court which has considered Texas Penal Code § 30.02 on categorical grounds . . . Texas Penal Code § 30.02, to which Mr. . . . Texas Penal Code Ann. § 30.02(a)(1). . . . Texas Penal Code Ann. §§ 30.01 (1 )(B) and 30.02(a)(1). . . . . Error In determining that convictions for burglary of a habitation under Texas Penal Code § 30.02 categorically . . . my view, the district court erred by treating all burglaries of habitations under Texas Penal Code § 30.02 . . . Texas case law tells us that convictions under Texas Penal Code § 30.02 can reach “non-dwellings,” including . . . without the effective consent of Emilio Perez, the owner thereof, in violation of Texas Penal Code § 30.02 . . . Order Deferring Adjudication listed as the offense charged "Burglary of a Habitation Texas Penal Code § 30.02 . . .

. . . The BIA noted that, under § 30.02(a)(1) of the Texas Penal Code, a person commits burglary if he “enters . . .

. . . . § 30.02(A)(1) And (A)(3), which provide different means of committing burglary of a habitation. . . . This court has concluded that an offense under § 30.02(a)(1) constitutes a crime of violence for purposes . . . Conversely, this court has held that an offense under § 30.02(a)(3) is not a “violent felony” under 18 . . .

. . . A burglary conviction under Texas Penal Code § 30.02(a)(1) qualifies as a crime of violence but a conviction . . . under § 30.02(a)(3) does not qualify. . . . Gomez’s burglary indictment, in effect, conjunctively charged violations of § 30.02(a)(1) and (a)(3). . . . We must consider, therefore, that Gomez was convicted under § 30.02(a)(3) which does not require proof . . .

. . . 2L1.2(b)(l)(A)(ii) based on a Texas conviction for burglary of a habitation under Texas Penal Code § 30.02 . . . that, under the Armed Career Criminal Act, a conviction for Texas burglary of a habitation under § 30.02 . . .

. . . Garcia-Guillen contends that his prior conviction for burglary of a habitation under Texas Penal Code § 30.02 . . .

. . . conviction for burglary of a habitation with intent to commit theft, in violation of Texas Penal Code § 30.02 . . .

. . . enhancement under § 2L1.2(b)(1)(A)(ii) based on a Texas conviction for burglary of a habitation under § 30.02 . . .

. . . However, a conviction under § 30.02(a)(3) does not constitute a COV because that statutory subsection . . . The first paragraphs of both state indictments track the language of the version of § 30.02(a)(1) in . . . (d) proves that he was convicted under § 30.02(a)(1). . . . However, unlike the version of § 30.02(d) relied upon in Morales-Ordaz, the version of § 30.02(d) applicable . . . See § 30.02(d) (West 1993). . . .

. . . )(1)(A)(ii) based on a Texas conviction for burglary of a habitation under Texas Penal Code Section 30.02 . . .

. . . 2L1.2(b)(l)(A)(ii) based on a Texas conviction for burglary of a habitation under Texas Penal Code § 30.02 . . .

. . . . § 2L1.2 based upon his prior conviction for burglary of a habitation under Texas Penal Code § 30.02 . . .

. . . enhancement under § 2L1.2(b)(l)(A)(ii) based on a Texas conviction for burglary of a habitation under § 30.02 . . .

. . . Lindey on Entertainment, Publishing and the Arts § 7:62 (3d ed.2012); see also 6 Nimmer, supra, at § 30.02 . . .

. . . Silva Gomez contends that his prior conviction for burglary of a habitation under Texas Penal Code § 30.02 . . .

. . . enhancement under § 2L1.2(b)(1)(A)(ii) based on a Texas conviction for burglary of a habitation under § 30.02 . . .