Desmond DeWayne Turner v. United States
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Whether the Eleventh Circuit Court of Appeals erred in finding that the convictions for Burglary in the first degree under Alabama law qualified as a predicate offense under the Armed Career Criminal Act
QUESTIONS PRESENTED Whether the Eleventh Circuit Court of Appeals erred in finding that the . convictions for Burglary in the first degree under Alabama law qualified as a ~ predicate offense under the Armed Career Criminal Act pursuant to Mathis v. United States, _ US. , 136S.Ct. 2243, 195 L.Ed.2d 604 (2016) and that imposing the Act caused him to receive an unreasonable sentence. Whether this Court should grant the Petition for Certiorari and remand the case to the Eleventh Circuit Court of Appeals to revisit Turner’s conviction and sentence in light of the Eleventh Circuit’s opinion in Ovalles v. United States , 17-10172, released October 4, 2018, wherein it overturned its own case, United States v. McGuire, 706 F. 3d 1333(1 1th Cir. 2013), and followed the conduct based approach (as used in the Second Circuit) rather than the categorical approach involving 18 » U.S.C 924(c) as it did in this case. i THE PARTIES The caption in this case contains the name of all parties. ii