Whether Tennessee aggravated burglary qualifies as 'generic burglary' under the Armed Career Criminal Act

QUESTIONS PRESENTED 1) Whether Sixth Circuit precedent that counts Tennessee aggravated burglary as "generic burglary" for purposes of the Armed Career Criminal Act is in error given that: a. a mere attempt of generic burglary could result in conviction under Tennessee law. b. under Tennessee law, the offense can be committed with mere recklessness. 2) Whether the "different occasions" requirement under the Armed Career Criminal Act is an element for the jury to decide or can it be decided by the sentencing judge? 3) Assuming the sentencing judge can decide the issue, whether the sentencing judge can consider whatever evidence happens to be contained in certain conviction records or must limit consideration to facts that previously either the jury necessarily found or the defendant necessarily admitted? 1