Michael Whisby v. United States
1. Whether U.S.S.G. § 4B1.2(a)(2)'s residual clause is void for vagueness vis-a-vis defendants sentenced under the pre-Booker mandatory Guidelines.
2. Whether the invalidation of § 4B1.2(a)(2)'s mandatory residual clause has retroactive effect in cases on collateral review.
3. Whether a Florida robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" is categorically a "violent felony" under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), when the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.
Whether U.S.S.G. § 4B1.2(a)(2)'s residual clause is void for vagueness vis-à-vis defendants sentenced under the pre-Booker mandatory Guidelines