Rickie Markiece Atkinson v. United States
DueProcess JusticiabilityDoctri
Whether North Carolina breaking or entering is categorically broader than the enumerated offense of burglary in the Armed Career Criminal Act
QUESTIONS PRESENTED I. Whether North Carolina breaking or entering, which criminalizes, among other things, the breaking or entering into “any other structure designed to house or secure within it any activity or property” is categorically broader than the enumerated offense of burglary in the Armed Career Criminal Act. II. Whether a guilty plea to violating 18 U.S.C. § 922(g) and the resulting sentence must be vacated in light of Rehaifv. United States, 139 8. Ct. 2191 (June 21, 2019), where all involved—the District Court, the Government, defense counsel, and Mr. Atkinson himself—believed that, under binding Circuit precedent, a conviction under that statute did not require the Government to prove beyond a reasonable doubt that Mr. Atkinson actually knew he had been convicted of a crime punishable by a term of imprisonment of more than a year. il LIST OF ALL DIRECTLY