Gilberto Arreola Chavez v. United States
Whether the Eighth Circuit erred in denying the petitioner a certificate of appealability when the petitioner showed that reasonable jurists could debate whether, pursuant to Borden v. United States, 141 S. Ct. 1817 (2021) and United States v. Frazier, 948 F.3d 85 (2d Cir. 2020), his convictions for intimidation with a dangerous weapon in violation of Iowa Code § 708.6 did not qualify as a violent felony under the Armed Career Criminal Act, and he was actually innocent of an armed career offender sentence
QUESTION(S) PRESENTED Se , ) “Div He EigHTW circuit DENY THE pETitioner a edie RigHT ANd Err Wen THE PETiTioNer SHow wen ON A COA THAT REASONALIE Jurist couid ATE THAT Pursuant Borden I41 S.cT 1g19 Qo2\) ANd UNITED STATES vs FRAZieC, 42 Fut ggy Q02}) HiS CONVicTions FOR iNTiMidaTion WITH A DANGEMDuS WEAPON iN ViolaTioON OF Iowa code Tos. EQ did NOT QualiFY AS A ViolewT. FlNY” Onder THE a DiS.C. 8 42U) (Acca) ANd HE WAS AcTuAaly , — INNOCENT OF AN ARHed CAteer OFFENdEr SeVtence ?