Third Circuit -- USA v. Dontey Tucker

In modified categorical analysis, where the charging paper and the jury instructions are vague as to which drug the deft is alleged to have sold, the conviction is not a valid ACCA predicate if it might have been MJ as opposed to cocaine.

Where state precedent allows trial conviction for possession with intent to distribute a certain drug if another (presumably similar) drug is proven - and not the one in the bill - the ACCA predicate is still valid for the drug in the bill.

USA v. Dontey Tucker