The first question presented is whether or not the Petitioner, RICHARD WINN,
should have been sentenced as an Armed Career Criminal (ACCA) requiring the
imposition of a mandatory sentence of fifteen (15) years in violation of 18 U.S.C.§922(g)
and §925(e)(1) wherein the Third Circuit Court of Appeals relied upon United States v.
Daniels, 915 F.3d 148 (3 Cir. 2019). It further concluded that although this Court's
decision in Shular v. United States, 140 S.Ct. 779 (2020), altered the analytical
approach of Daniels, that it had no impact in the Third Circuit's review and the ultimate
decision that it had previously had reached in Daniels.

The second question presented is whether or not there was sufficient evidence to
convict the Petitioner with the constructive possession of firearms which were located in
the premises searched by the authorities.

Whether the Petitioner should have been sentenced as an Armed Career Criminal (ACCA)