Desmond DeWayne Turner v. United States
Whether the Eleventh Circuit Court of Appeals erred in finding that the convictions for Burglary in the first degree under Alabama law qualified as a predicate offense under the Armed Career Criminal Act pursuant to Mathis v. United States, U.S. ,136 S.Ct. 2243,195 L.Ed.2d 604 (2016) and that imposing the Act caused him to receive an unreasonable sentence.
Whether this Court should grant the Petition for Certiorari and remand the case to the Eleventh 'Circuit Court of Appeals to revisit Turner's co , nviction and sentence in light of the Eleventh Circuit's opinion in Ovalles v. United States, 17-10172, released October 4, 2018, wherein it overturned its own case, United States v. McGuire, 706 F. 3d 1333(11th Cir. 2013), and followed the conduct based approach (as used in the Second Circuit) rather than the categorical approach involv ing 18 U.S.0 924(c) as it did in this case.
Whether the Eleventh Circuit Court of Appeals erred in finding that the convictions for Burglary in the first degree under Alabama law qualified as a predicate offense under the Armed Career Criminal Act