DifAnkh Asar, aka James Walter Gist v. United States
DueProcess
Is South Carolina's Code Ann. 16-23-40 unconstitutional?
QUESTION(S) PRESENTED Guestion(s) Presented: (1) Is South Carolina's Code Ann. 16-23-40 Unconstitutional on its face, as applied to ° Petitioner, and when read in conjunction with other laws . : because its vague, indefinite, and overbroad, a violation ' of Petitioner's rights protected under the Fifth and Sixth . Amendment(s) to the United States Constitution? (2) Did the Fourth Circuit erroneously hold, in conflict with the decisions of this Court in Mathis, 136 S.Ct 2243 (2016), Descamps, 133 S.Ct. 2276 (2013), Curtis Johnson, 559 U.S. 133 (2010), and. Taylor, 495 U.S. 575 (1990) , that S.C. > pointing a firearm offense was a violent felony for the ACCA without employing an element-based categorical approach? (3) Is the Fourth Circuit in violation of the Rule set in Apprendi, Is it a violation of Sixth Amendment right to jury, to be enhanced for the ACCA for conduct not reflected in the Statute's elements or admitted to by . : Petitioner, at State level (4) Is the Fourth Circuit's . holding in King, 673 F.3d 274 (4th Cir. 2012), on its face, as applied to Petitioner, a judicial decision given Ex Post facto effect, a valid due process claim? a ; i .