Whether, on collateral review, the government may maintain a sentencing enhancement under the ACCA by substituting a different ACCA predicate prior conviction that it did not provide the defendant with fair notice of at sentencing

QUESTION PRESENTED This case presents a clear circuit split over whether a defendant’s due process rights are violated when, after an Armed Career Criminal Act (ACCA) predicate is invalidated, the government substitutes a different predicate conviction on collateral review to maintain an ACCA sentence when it did not provide the defendant with fair notice at sentencing. The Eleventh Circuit has said no; the Fourth Circuit has said yes; and the Seventh Circuit has said it depends. The question presented is: Whether, on collateral review, the government may maintain a sentencing enhancement under the ACCA by substituting a different ACCA predicate prior conviction that it did not provide the defendant with fair notice of at sentencing. ;