Jeffrey A. Bentley v. United States
When a defendant shows on Section 2255 collateral review that a prior conviction is no longer a valid predicate offense under the Armed Career Criminal Act (ACCA), may a district court deny resentencing on the basis of an alternative prior conviction that was not specifically identified by the government as an ACCA predicate at the original sentencing (as allowed by the Third, Seventh, and Eleventh Circuits), or must the court instead order resentencing to give the defendant an opportunity to challenge the alternative prior conviction's qualification as an ACCA predicate in a context where the government bears the burden (as held by the First and Fourth Circuits)?
When a defendant shows on Section 2255 collateral review that a prior conviction is no longer a valid predicate offense under the Armed Career Criminal Act (ACCA), may a district court deny resentencing on the basis of an alternative prior conviction that was not specifically identified by the government as an ACCA predicate at the original sentencing?