Whether Mr. Kennedy was erroneously sentenced as an armed career criminal based on prior Georgia burglary convictions and a controlled substance offense, and whether Georgia's burglary statute is overbroad compared to generic burglary

1. Whether Mr. Kennedy was erroneously sentenced as an armed career criminal and received sentencing guidelines enhancements based on two prior Georgia burglary convictions and a controlled substance offense and whether Georgia's burglary is overbroad in comparison with generic burglary to qualify as a predicate offense. 2. Whether Mr. Kennedy's sentence is procedurally and substantively unreasonable if he was improperly designated as an armed career criminal and improperly received sentencing guidelines enhancements based on prior Georgia burglary convictions. 3. Whether an indictment and jury determination was required as to the issue of whether his prior burglary convictions qualified as predicate offenses under the armed career criminal act. 4. Whether ambiguities in the nature of the prior burglary convictions create sufficient uncertainty to undermine the sentencing determination that qualified Mr. Kennedy as an armed career criminal. 2 PARTIES BELOW Solicitor General of the United States Room 5614 Department of Justice 950 Pennsylvania Avenue, MiV Washington, DC 20530·0001 Mr. Robert Scott Kennedy, Register No.: 05927·509 FCI Williamsburg 8301 Highway 521 Salters, SC 29590 Ms. Sofia M. Vickery, Assistant United States Attorney Appellate Section, Criminal Division United States Department of Justice 950 Pennsylvania Ave., N.W. Suite 1264 Washington, D.C. 20530 Ms. Leah McEwen, Assistant United States Attorney P.O. Box 366 Albany, Georgia 31702 Ms. Michelle Schieber, Assistant United States Attorney P.O. Box 1702 Macon, Georgi.a 31202 Ms. Huiju Jeon, Assistant United States Attorney 300 Mulberry Street, Suite 400 Macon, GA 31201 Mr. John Gee Edwards, Attorney for Appellant 108 East Valley Street Valdosta, Georgia 31601 3