Mark Allen Hayden v. United States
SecondAmendment
Whether Floyd v. State demonstrates that Petitioner's prior statute of conviction cannot be divided for the purposes of the categorical approach, and whether 18 U.S.C. §922(g)(1) comports with the Second Amendment?
Whether Floyd v. State, __ S.W.3d___, 2024 WL 4757855 (Tex. Crim. App. November 13, 2024) — issued by the Texas Court of Criminal Appeals after the decision below -demonstrates that Petitioner’s prior statute of conviction cannot be divided for the purposes of the categorical approach, and hence demonstrates a reasonable probability of relief if the court below were given a chance to reconsider in light of that intervening authority? Whether 18 U.S.C. §922(g)(1) comports with the Second Amendment, and whether this Court should hold the instant Petitition pending resolution of the circuit split presented by Range v. Garland, __ F.4th__, 2024 WL 5199447 (8rd Cir. Dec. 23, 2024)(en banc), and United States v. Jackson, 110 F.4th 1120 (8th Cir. 2024)? i