Whether a career offender sentence should be determined based on predicate crimes at the time of sentencing or time of conviction given the current Circuit split

QUESTIONS PRESENTED FOR REVIEW I. Should Mr. Johnson be sentenced as a career offender under the United States Sentencing Guidelines based upon the current Circuit split of whether predicate crimes must be viewed at the “time of sentencing” for the federal offense or the “time of conviction” of the predicate offense. II. Whether the Rule of Lenity should apply in Petitioner’s case. i LIST OF ALL