A "serious drug offense," under the Armed Career Criminal Act, 18 U.s.c. § 924(e), is one involving manufacturing, distribution or possessing with intent to manufacture or distribute a controlled substance. Alabama State code : 13A-12-211 Unlawful distribution of a controlled substance: (a) A person commits the crime of unlawful distribution of controlled substance if except as otherwise authorized, he or she, sells, furnishes gives away, delivers or distributes a controlled substance enumerated in schedule I through V.

The first question presented is whether the Appeals Court and District court err by failing to address Petitioners factual innocence claim.

The second question presented is whether Dancy properly presented a claim of factual innocence of the offense, unlawful distribution of controlled substance, by the fact that no controlled substance enumerated in I through V exist, in one of the counts in cC-2002-808.

The third question presented is whether the Armed Career Criminal Act (AccA) has a factual innocence exception which invalidates the ACCA enhancement, when the defendant provided clear and convincing evidence that he did not commit the crime or enter the conduct that serves as the predicate for the enhanced portion of the sentence.

Whether the Appeals Court and District Court erred by failing to address Petitioner's factual innocence claim