When a federal prisoner demonstrates that the Armed Career Criminal Act's residual clause was a basis for enhancing his sentence, but fails to show that the sentencing judge actually relied on the residual clause, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255?

QUESTION PRESENTED FOR REVIEW When a federal prisoner demonstrates that the Armed Career Criminal Act’s residual clause was a basis for enhancing his sentence, but fails to show that the sentencing judge actually relied on the residual clause, does he satisfy the requirements for a successive motion to vacate under 28 U.S.C. § 2255?! 1 This issue is already before the Court in Wiese v. United States, No. 18-7252. The petition for writ of certiorari was filed on December 26, 2018. No. In the Supreme Court of the United States October Term, 2018 RANDY DEMPSEY, Petitioner, V. UNITED STATES OF AMERICA PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Petitioner Randy Dempsey asks that a writ of certiorari issue to review the opinion and judgment entered by the United States Court of Appeals for the Fifth Circuit on October 31, 2018.