Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Criminal Act

QUESTIONS PRESENTED L. Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a violent felony under the Armed Career Criminal Act because entry is not a required element of the offense. I. Whether North Carolina breaking or entering is categorically broader than generic burglary and cannot be a felony under the Armed Career Criminal Act because it can be committed by breaking into vehicles and structures that house only property and no people and does not present the necessary risk of violent confrontation. Il. Whether, in light of this Court’s decision in Wooden v. United States, Mr. Atkinson’s Fifth and Sixth Amendment rights were violated when he was sentenced as an Armed Career Criminal without the Government alleging the different-occasions element in an indictment or acquiring a knowing and voluntary guilty plea that it could have proven that element to a jury beyond a reasonable doubt. ii LIST OF ALL DIRECTLY