In a previous holding (Borden v United States, 141 S.Ct. 1817 (2021)), this Court determined that a mens rea element of "knowing and purposeful" is required to trigger the "elements clause" under the Armed Career Criminal Act. At similar time, this Court remanded back to the Tenth Circuit Ash v United States, No. 18-9639 (U.S. June 21 2021); dealing with the applicability of Borden to the Sentencing Guidelines Career Offender Section, to determine whether the same issue applies there.

1) Whether Borden's substantive interpretation of statute should be extended to Terry in light of the fact that Eleventh Circuit precedent prevents him from raising a Borden claim in the Eleventh Circuit.

Whether Borden's substantive interpretation of statute should be extended to Terry in light of the fact that Eleventh Circuit precedent prevents him from raising a Borden claim in the Eleventh Circuit