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

QUESTION PRESENTED The Armed Career Criminal Act, 18 U.S.C. § 924(e), (ACCA) mandates a 15-year mandatory-minimum term of imprisonment for individuals convicted of violating 18 U.S.C. § 922(g) if they have at least three prior convictions for a “violent felony” or “serious drug offense.” 18 U.S.C. § 924(e). Due process mandates that the government provide a defendant with notice prior to sentencing about what convictions it is relying on to justify the imposition of the enhancement. United States v. Cobia, 41 F.3d 14738, 1476 (11th Cir. 1995) (“[D]ue process requires reasonable notice of and opportunity to be heard concerning the prior convictions.” (citing Oyler v. Boles, 368 U.S. 448, 452 (1962))); United States v. Moore, 208 F.3d 411, 414 (2d Cir. 2000); United States v. O’Neal, 180 F.3d 115, 125-26 (4th Cir. 1999). The question presented, on which the circuits are split, is: Whether, on collateral review, the government may maintain a sentencing enhancement under the ACCA by substituting a different conviction that it did not provide the defendant with notice of at the original sentencing. i