Except for tonight....Happens every game and the refs call it every time.
And the play tonight is much different. Defender was off to the right of the shooter. If he is coming right at him, then yes, its a foul.
If you leave your feet for a pump fake, and go forward/towsrd the shooter, it doesn't matter if he leans in or not. YOu no longer have verticality, and therefore, its a foul.