Whether a prior sexual assault conviction should be used to increase the statutory penalty where the prior state conviction is over-inclusive vis-a-vis a federal 'sexual act' or federal 'sexual contact' crime pursuant to Mathis and the dissent in Lockhart

QUESTION PRESENTED The Ninth Circuit failed to analyze Petitioner’s increased statutory penalty argument, holding firm to its precedent that has been undermined by this Court in Mathis v. United States, __ U.S. __, 136 S. Ct. 2243 (2016) and Lockhart v. United States, _ U.S. _, 136 S. Ct. 958, 964 (2016) and that conflicts with the Seventh Circuit. Against this background the question presented is: WHETHER A PRIOR SEXUAL ASSAULT CONVICTION SHOULD BE USED TO INCREASE THE STATUTORY PENALTY WHERE THE PRIOR STATE CONVICTION IS OVER-INCLUSIVE VIS-A-VIS A FEDERAL “SEXUAL ACT” OR FEDERAL “SEXUAL CONTACT” CRIME PURSUANT TO MATHIS AND THE DISSENT IN LOCKHART. ii