United States v. Forrest, 611 F.3d 908, 913 (8th Cir.2010) (stating “the issue is whether the government proved by a preponderance of the evidence that [the defendant] pleaded guilty to a qualifying burglary offense with judicial records permitted under the modified categorical approach .... ”). l Count one of the charging document, which pertains to the simple burglary con viction listed in paragraph 44 of the PSR, simply alleges Soileau “did willfully and unlawfully commit simple burglary of a building and/or belonging to Jasper Dupre, in violation of R.S. 14:62.” Soileau argues that according to this language he could have committed a burglary of a “belonging,” such as a vehicle or watercraft, which does not qualify as a violent felony. See Taylor, 495 U.S. at 599, 110 S.Ct. 2143 (<HOLDING>). While we acknowledge Soileau raises a valid
holding that thirddegree burglary is a violent felony holding that burglary is violent felony holding that escape is categorically a violent felony under the acca holding that attempted burglary as defined by florida law is a violent felony under acca holding a burglary must be of a building or structure in order to qualify as a violent felony for acca purposes