Timothy Martin Kendrick v. United States
DueProcess HabeasCorpus
Does the struck-down 18 USC 924(e)(2)(B)(ii) residual under Johnson(2015) as applied to ACCA equally apply to Mandatory Guideline USSG§4B1.2(a)(ii) Career Offender cases?
ESTIONS PRESENTED 1) Does the struckdown 18 USC. g924 (e){2)(B) (ii) residual under Johnson(2015) as applied to “acca” equally apply to Mandatory Guideline USSG§4B1.2 (a) (ii) Career Offender cases? 2) Does a Count 3 (0RS811.540) and Count 24"DUI") State prior conviction qualify as a "crime of violence" under $4B1.2 (a) (ii) "otherwise" residual for‘ enhancement purposes? 3) Does the Eighth Circuit application of ORS§811.540 as presented herein qualify a non-violent crime as a erime of violence? . 4) Does the application of ORS8811.540 as applied in the EighthnCircuit (herein prove the. Categorical Approach’ "FAULTY" if all the prior conviction counts are unaddressed during Due Process?