United States v. Corey Vampelt Fogg

I concur with the majority that the district court did not abuse its discretion by excluding evidence under Fed. R. Civ. P. *957403. But the majority improperly concludes recent Supreme Court decisions undercut Corey Fogg’s (Fogg) arguments regarding the application of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e) sentencing enhancement. I disagree with the majority’s conclusion and respectfully dissent.2

ANALYSIS

In this case, we face the question of whether the state or federal courts have the ultimate authority to set forth the elements of a state-law crime when analyzing proposed…