Whether the Constitution permits a federal court to conclude that a prior conviction is 'generic' for ACCA purposes based solely on another federal court's independent interpretation of an ambiguous state statute when neither federal court has surveyed state case law to reach its conclusion

QUESTION PRESENTED Whether the Constitution permits a federal court to conclude that a prior conviction is “generic” for ACCA purposes based solely on another federal court’s independent interpretation of an ambiguous state statute when neither federal court has surveyed state case law to reach its conclusion. This question is an iteration of the question presented in the pending petition for a writ of certiorari in Malone v. United States, No. 18-6671: Whether the Constitution permits a federal court to conclude that a prior conviction is “generic” for ACCA purposes based on an independent interpretation of an ambiguous state statute without first surveying state case law or certifying the question to the state supreme court. (i)