McGarvey

MEMORANDUM ***

Barry Thomas McGarvey appeals his sentence of fifty-one months imprisonment imposed following his guilty plea to being a felon in possession of ammunition in violation of 18 U.S.C. § 922 (g)(1). McGarvey contends that his base offense level, which was used to calculate his advisory Sentencing Guideline range, was improperly determined based on the incorrect classification of his prior residential burglary conviction as a conviction of a crime of violence. We deny McGarvey’s claim and affirm the District Court.

A burglary is considered a crime of violence if it includes the elements of generic burglary as defined by the Supreme Court. *796 See Taylor v. United States, 495 U.S. 575, 598 , 110 S.Ct. 2143 , 109 L.Ed.2d 607 (1990). Generic burglary is defined as containing “at least the following elements: an unlawful or unprivileged entry into, or remaining in, a building or other structure, with intent to commit a crime.” Id. We engage in a two-part analysis to determine if a burglary conviction in a particular state satisfies the three elements of this generic definition of burglary, and therefore, qualifies as a crime of violence.

First, we apply the categorical…