Whether a defendant who succeeds in vacating a state conviction that enhanced a federal sentence may apply for resentencing under 28 U.S.C. § 2255

QUESTIONS PRESENTED FOR REVIEW Whether, this Court’s decisions in Custis v. United States, 511 U.S. 485 (1995), Daniels v. United States, 532 U.S. 374 (2001), and Johnson v. United States, 544 U.S. 295 (2005)—which collectively hold that a defendant who succeeds in vacating a state conviction that enhanced a federal sentence may then apply for resentencing of “any federal sentence enhanced by the state sentences,” Custis, 511 U.S. at 497— apply to non-statutory sentencing enhancements and entitle a defendant to relief under 28 U.S.C. § 2255. This case also raises the question of whether the advisory nature of the federal Sentencing Guidelines or a defendant’s Fed. R. Crim. P. 11(¢)(1)(C) plea affects this determination. [il