Whether the decision handed down in Mathis v United States, 136 S.Ct. 2243 (2016) is retroactive in a post-conviction petition, as some courts have stated and creating a split amongst the circuits?

QUESTIONS PRESENTED FOR REVIEW ~ ° In this habeas corpus case, an question of retroactivity to a prior Supreme Court ruling in Mathis, and whether a predated Controlled Substance Act possession offense or State possession offense that both are misdemeanors, . (Petitioner was indicted, tried and sentenced in 1991 and 1992); can qualify as prior "felony drug offense" under the old 21 USC §851 standard. These questions . are unique to the facts and law and some what of importance for the High Court to review. . : Thus, the questions presented is: Whether the decision handed down in Mathis v United States, 136 S.Ct. 2243 (2016) is retroactive in a post-conviction petition, as some courts have stated and creating a split aAmoungst the circuits? Whether the predated Controlled Substance Act misdemeanor convictions could be used to enhance Clark to a life sentence with the predated Controlled Substance Act provisions of 21 USC §851? . ‘s ! . . : . “he q .