When applying the categorical and modified categorical approach sentencing courts are instructed to use a state's statutory definition to determine if the statute meets the definition of 'violent felony,' in 18 U.S.C. 924(e)(2)(B)(i); Armed Career Criminal Act.

Question Presented When applying the categorical and modified categorical approach sentencing courts are instructed to use a states statutory definition : Q@f it's elements to determine if the statute "meets the definition of | "violent felony," in 18 U.S.C. 924(e)(2)(B)(i); Armed Career Criminal Act." The Question Presented is: | When a state statutory definition is found to be ambiguous by the | state supreme court, can a sentencing court apply a federal sentencing | enhancement to a offenders sentence using the ambiguous definition ? 7 Put alternatively, must a sentencing court give deference to a 7 state supreme courts’ interpretation of it's statutory definition | clarifying that definition when applying federal sentencing enhancements such as the ACCA ? | | |