When applying the categorical and modified categorical approach sentencing courts are instructed to use a states statutory definition df 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."
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 ?
Put alternatively, must a sentencing court give deference to a state supreme courts' interpretation of it's statutory definition clarifying that definition when applying federal sentencing enhancements such as the ACCA ?
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.