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Bentley v. United States

Certiorari Denied

Petition for certiorari denied on February 21, 2023.

Docket No.22-656
Op. Below3rd Cir.

Issue

Whether, when a defendant shows on collateral review under 28 U.S.C. § 2255 that a prior conviction is no longer a valid predicate offense under the Armed Career Criminal Act, a district court may 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, or whether the court must 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.

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