Lonnie Greer, Jr. v. United States
1) Whether Sixth Circuit precedent that counts Tennessee aggravated burglary
as "generic burglary" for purposes of the Armed Career Criminal Act is in
error given that:
a. a mere attempt of generic burglary could result in conviction under
Tennessee law.
b. under Tennessee law, the offense can be committed with mere
recklessness.
2) Whether the "different occasions" requirement under the Armed Career
Criminal Act is an element for the jury to decide or can it be decided by the
sentencing judge?
3) Assuming the sentencing judge can decide the issue, whether the sentencing
judge can consider whatever evidence happens to be contained in certain
conviction records or must limit consideration to facts that previously either
the jury necessarily found or the defendant necessarily admitted?
Whether Tennessee aggravated burglary qualifies as 'generic burglary' under the Armed Career Criminal Act