Desmond Smith v. J. A. Terris, Warden
HabeasCorpus JusticiabilityDoctri
Whether the ACCA's definition-of a "serious drug offense" imposes a sentence enhancement or make an exception when a state's definition of "delivery and manufacture" makes a match with its generic offense by its use of specified means to satisfy its element without constitutional violations?
Whether the ACCA'imposes a sentence enhancement when a state's prior crime of conviction criminalizes "attempt" and "delivery" disjunctively in satisfying its relevant offense? Yet still create a match within the generic offense when the conduct itself is criminalized under its statute to a five-year maximum sentence without violating Petitioner's constitutional rights?
Whether the ACCA's definition of a 'serious drug offense' imposes a sentence enhancement or make an exception when a state's definition of 'delivery and manufacture' makes a match with its generic offense by its use of specified means to satisfy its element without constitutional violations?