Delvin Deon Tinker v. United States
HabeasCorpus
Question not identified
QUESTIONS PRESENTED IL Under what circumstances is a criminal defendant pursuing a motion under 28 U.S.C. § 2255 entitled to relief under a_ retroactive constitutional decision invaliding a federal statutory provision, where the record is silent as to whether the district court based its original judgment on that provision or another provision of the same statute? I. Whether a criminal offense with a reckless mens rea qualifies as a “violent felony” under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(@). II. Whether a criminal offense for resisting arrest, which can be committed by “wiggling and struggling,” qualifies as a “violent felony” under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(). i