Whether the Second Circuit conflicted with its own precedent in Capers when it denied Gayle relief?

QUESTION(S) PRESENTED 18 U.S.C. §924(c) criminalizes using or carrying a firearm during and in relation toa crime of violence or drug-trafficking crime. When a court issues a General verdict sheet failing to . specify the proper predicate for a §924(c) count, disjunctive ; theories of culpability manifest, which may require the dismissal of the §924(c). This petition presents the following questions: it. Whether the Second Circuit conflicted with its own precedent in Capers when it denied Gayle relief? , Il. Whether the Second Circuit Court of Appeals' decision in ‘Gayle manifested a Circuit conflict with the Fifth Circuit's decision in "Perry" and "Jones", and the Eleventh Circuit's decision in "Gomez"? ILI. Whether a is a appropriate standard when determining the predicate offense for a 18 U.S.C.§924(¢) count, when there are disjunctive theories of culpability? i