Whether the Fourth Circuit violated the parameters set forth by this Court by using the modified categorical approach instead of the categorical approach in determining whether South Carolina Code Annotated Section 44-53-375 qualifies as a predicate drug offense under Section 4B1.1 of the United States Sentencing Commission Guidelines

QUESTIONS PRESENTED Pursuant to Section 4B1.1 of the United States Sentencing Commission Guidelines, following a conviction for a narcotics offense, an offender who has a “prior conviction for a felony drug offense” is subject to enhanced penalties as a Career Offender. The issues presented for review are: 1. Whether the Fourth Circuit violated the parameters set forth by this Court by using the modified categorical approach instead of the categorical approach in determining whether South Carolina Code Annotated Section 44-53-375 qualifies as a predicate drug offense under Section 4B1.1 of the United States Sentencing Commission Guidelines. 2. Whether the Fourth Circuit also violated the requirements of this Court by relying upon records that fail to be “conclusive” or “certain” records of conviction in a generic crime State and whether the testimony should properly be allowed to illuminate the “conclusive” or “certain” nature of the records.