Ipls Proceedings Volume 19, Issue 1 Michbar Form

Instructions and help about Ipls Proceedings Volume 19, Issue 1 Michbar

good morning may please the court since 2016 Rolando vial has challenged the enhancement of his sentence under the armed career criminal act based on his Texas convictions for aggravated assault and burglary there have been many issues briefed over the years but there are two points of agreement that I'd like to highlight first first under bordon and under this Court's application of bordon and Gomez Gomez the parties agree in their brief in that Mr vel's aggravated assault convictions do not qualify as ACA enhancements by reason of the elements Clause we know the sentence now is illegal the question is whether he should receive relief the second point of agreement the government has affirmatively waved the statute of limitations in its briefing if Mr vial prevails on the issue before this court the statute of limitations was the issue that has separated us for all of these years and the government now has a affirmatively waved it based on this Court's resolution of the following issue