Whether the Court of Appeals and District Court erred in construing a 1987 Texas robbery conviction as a felony for Armed Career sentencing, violating substantive due process under the Fifth Amendment

QUESTION PRESENTED FOR REVIEW. Whether the Court of Appeals and District Court erred in construing a 1987 Texas robbery conviction as a felony for purposes of Armed Career sentencing, denying the Petitioner’s constitutional right to substantive due process under the Fifth Amendment by imposing an excessive sentence in violation of Gall v. United States, 552 U.S. 38 (2007). 1.