Whether the Texas offense of simple robbery qualifies as a 'violent felony' under the Armed Career Criminal Act

QUESTIONS PRESENTED 1. Whether the Texas offense of simple robbery, Penal Code § 29.02(a), “has as an element the use, attempted use, or threatened use of physical force against the person of another,” and thus qualifies as a “violent felony” under the Armed Career Criminal Act. 2. Whether the retrospective application of a significant and unexpected change in Fifth Circuit statutory interpretation jurisprudence violated the fair warning requirement of the Fifth Amendment’s Due Process Clause. i