Should Mr. Nipper be resentenced without an armed career criminal enhancement to his guideline range

QUESTION PRESENTED I. Should Mr. Nipper be resentenced without an armed career criminal enhancement to his guideline range where the government failed to allege prior convictions that support the enhanced penalty, because the government’s waiver of a jurisdictional rule presents a bar to this punishment on resentencing under the Ex Post Facto and Double Jeopardy Clauses of the United States Constitution? United States v. Hodge, 902 F.3d 420, 431 (4th Cir. 2018) and United States v. Winbush, 922 F.3d 227, 232 (4th Cir. 2019)