JUSTICE BREYER: Can I ask you a related question, which will show what I’m trying — another thing that is worrying me. Suppose we are in the Armed Career Criminal Act.
Now, I have — this is my hypothetical. You have heard of cat burglars. Well, this gentleman is called the pussycat burglar and the reason is he never harmed a soul. He only carries soft pillows as weapons. If he sees a child, he gives them ice cream.
It is absolutely established that this person in breaking into that houseat night only wanted to steal a pop gun, and he is the least likely to cause harm in the world.
Question: He is convicted of burglary. Is that a crime of violence? Answer?