Clifford Senter v. United States
HabeasCorpus
Where state law holds that a particular offense is non-existent, but a defendant has a conviction for the non-existent offense, and a federal sentencing court seeks to rely on the offense to enhance a sentence under the Armed Career Criminal Act (ACCA), is the defendant's challenge to the court's reliance on that conviction an impermissible collateral attack?
QUESTION PRESENTED Where state law holds that a particular offense is non-existent, but a defendant has a conviction for the non-existent offense, and a federal sentencing court seeks to rely on the offense to enhance a sentence under the Armed Career Criminal Act (ACCA), is the defendant's challenge to the court’s reliance on that conviction an impermissible collateral attack? i LIST OF RELATED CASES 1. Senter v. United States, Case No. 5:16-cv-08107-LSC, U.S. District Court for the Northern District of Alabama. Memorandum Opinion and Order Denying 28 U.S.C. § 2255 motion on February 5, 2018. 2. Senter v. United States, No. 18-11627, U.S. Court of Appeals for the Eleventh Circuit. Opinion entered on December 30, 2020. Order denying rehearing en banc on March 28, 2021. ii