Deandre Spencer Cotton v. United States
HabeasCorpus Jurisdiction
If a state criminal statute's divisibility is ambiguous when the defendant is convicted in state court, may a federal court later certify its divisibility inquiry to state court and rely on a newly-constructed, non-constitutional judicial interpretation of that state statute to enhance a defendant's federal sentence if the state conviction is final?
Questions Presented For Review I. If a state criminal statute’s divisibility is ambiguous when the defendant is convicted in state court, may a federal court later certify its divisibility inquiry to state court and rely on a newly-constructed, non-constitutional judicial interpretation of that state statute to enhance a defendant’s federal sentence if the state conviction is final? Il. Does Nevada’s general intent battery statute, N.R.S. § 200.481, meet the violent physical force and specific intent requirements to qualify as a crime of violence predicate under U.S.8.G. § 4B1.2 given Borden? i