Robert Scott Kennedy v. United States
1. Whether Mr. Kennedy was erroneously sentenced as an armed career criminal and received sentencing guidelines enhancements based on two prior Georgia burglary convictions and a controlled substance offense and whether Georgia's burglary is overbroad in comparison with generic burglary to qualify as a predicate offense.
2. Whether Mr. Kennedy's sentence is procedurally and substantively unreasonable if he was improperly designated as an armed career criminal and improperly received sentencing guidelines enhancements based on prior Georgia burglary convictions.
3. Whether an indictment and jury determination was required as to the issue of whether his prior burglary convictions qualified as predicate offenses under the armed career criminal act.
4. Whether ambiguities in the nature of the prior burglary convictions create sufficient uncertainty to undermine the sentencing determination that qualified Mr. Kennedy as an armed career criminal.
Whether Mr. Kennedy was erroneously sentenced as an armed career criminal based on prior Georgia burglary convictions and a controlled substance offense, and whether Georgia's burglary statute is overbroad compared to generic burglary