James Scott Ervin v. United States
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Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due-process by not following this Court's prior holdings, when it determined that North Carolina General Statute § 14-87 was a violent felony for the purposes of sustaining a predicate offense for the Armed Career Criminal Act, although the statute does not have as an element, the use, attempted use, or threatened use of violent physical force as required under 18 U.S.C. § 924(e)(2)(B)(i)?
QUESTION(S) PRESENTED ; I. Did the Fourth Circuit Court of Appeals violate the Petitioner's rights to due : process by not following this Court's prior holdings, when it determined that North Carolina General Statute § 14-87 was a violent felony for the purposes : . of sustaining a predicate offense for the Armed career Criminal Act, although the statute does not have as.an element, the use, attempted use, or threatened : . , use of violent physical force as requiréd under 18 U.S.C. § 924(e)(2)(B) (i)? . s . . + ° . ,