Christopher French v. United States
HabeasCorpus
Can a Tennessee Aggravated Burglary conviction serve as an armed Career Criminal Act predicate?
QUESTIONS PRESENTED Question One The district court imposed a mandatory sentence based on a Tennessee : . Aggravated Burglary conviction. The Tennessee aggravated burglary statute, however, is an indivisible statute, which identifies a non-generic crime of burglary. See United States v. Stitt, 860 F.3d 854 (6th Cir. 2017)(cert. granted No. 17-765, April 23, 2018). Can a Tennessee Aggravated Burglary conviction serve as an armed Career Criminal Act predicate? Question Two . The rules governing 28 U.S.C. § 2255 proceedings provide that a § 2255 movant's allegations are presumed true. 28 U.S.C. § 2255(b). Although the Eleventh Circuit reversed the district court's denial of the § 2255 motion, when the appeals court remanded the case it ordered the district court to apply a new threshold test that alters the § 2255 movant's burden of proof from that set forth in the statute. May a federal circuit court change a statutory burden of proof? : -i .