Whether a district court can vacate an illegal sentence enhanced under the Armed Career Criminal Act (ACCA) if it finds that the record established that the sentencing court 'may have' relied on the unconstitutional residual clause of the ACCA

QUESTION PRESENTED Michael Neely is serving an illegal sentence after Johnson v. United States. However, the Tenth Circuit Court of Appeals held that he is not entitled to relief. The question is whether a district court can vacate an illegal sentence enhanced under the Armed Career Criminal Act (ACCA) if it finds that the record established that the sentencing court “may have” relied on the unconstitutional residual clause of the ACCA, as the Fourth and Ninth Circuit held; or, as the First, Sixth, Tenth and Eleventh Circuits have held, must the court find by a preponderance of the evidence that the residual clause served as the basis of the sentencing court’s decision. i