Did the Fifth Circuit Err in deciding as an issue of first impression, that Texas offenses of Distribution of controlled substances and possession with intent to distribute a controlled substance can serve as predicate controlled substance offenses pursuant to U.S.S.G. Section 4B1.2(B), which stands in stark contrast with decisions of this Court, informing the proper applications of the categorical approach described in Taylor v. United States, 495 U.S. 575(1990), and modified categorical approach clarified in Mathis v. United States, 136 S.Ct. 2243 (2016)?
Did the Fifth Circuit Err in deciding as an issue of first impression, that Texas offenses of Distribution of controlled substances and possession with intent to distribute a controlled substance can serve as predicate controlled substance offenses pursuant to U.S.S.G. Section 4B1.2(B), which stands in stark contrast with decisions of this Court, informing the proper applications of the categorical approach described in Taylor v. United States, 495 U.S. 575(1990), and modified categorical approach clarified in Mathis v. United States, 136 S.Ct. 2243 (2016)