Whether a categorical mismatch occurs when the elements of a predicate state offense criminalize conduct outside the enumerated offense under the three-strikes law

The three -strikes law, 18 U.S.C. § 3559(c), mandates a life sentence for a defendant convicted of a “serious violent felony” if the defendant has two prior convictions for “serious violent felonies,” defined to include a list of enumerated offenses. This Court uses the “categorical approach” to determine whether a state conviction qualifies as a predicate offense under federal laws with this type of formulation . The question presented, on which the circuits are deeply split, is: Whether there is a categorical mis match whe n the elements of the predicate state offense, by their plain language , criminalize conduct outside the enumerated offense, with no further inquiry required or permitted.