Summary
holding that a conviction under Florida Statute section 843.01, which provides that anyone who "knowingly and willfully resists, obstructs, or opposes any officer . . . in the lawful execution of any legal duty, by offering or doing violence to the person of such officer . . . , is guilty of a felony," is a "violent felony" under 18 U.S.C. § 924(e)(B)
Summary of this case from United States v. DixonOpinion
No. 09-15335 Non-Argument Calendar.
December 30, 2010.
Robert E. Adler, Kathleen M. Williams, Fed. Pub. Defenders, West Palm Beach, FL, for Defendant-Appellant.
Laura Thomas Rivero, Anne R. Schultz, Kathleen M. Salyer, Harriett R. Galvin, Miami, FL, for Plaintiff-Appellee.
Appeal from the United States District Court for the Southern District of Florida (No. 09-80015-CR-DMM); Donald M. Middlebrooks, Judge.
Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.
Anthony Nix pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and the district court sentenced him as an armed career criminal to prison for 180 months, the minimum sentence permitted by statute, the Armed Career Criminal Act, 18 U.S.C. § 924(e). He now appeals his sentence, arguing that two of the three convictions the district court used to qualify him an armed career offender do not qualify as violent felonies under the § 924(e): (1) resisting an arresting officer with violence, in violation of Fla. Stat. § 843.01, and (2) fleeing and eluding at high speed, in violation of Fla. Stat. § 316.1935(3).
The sentencing range prescribed by the Sentencing Guidelines was 168-210 months' imprisonment.
We reject Nix's challenge to the § 843.01 conviction, holding that a such conviction constitutes a violent felony under 18 U.S.C. § 924(e)(2)(B)(ii). This is the same holding we recently reached in United States v. Hayes, 2010 WL 3489973 (September 8, 2010). Although the Hayes decision was not published, we are persuaded by its rationale regarding § 843.01 and therefore adopt its holding. Nix's challenge to the § 316.1935(3) conviction is foreclosed by United States v. Harris, 586 F.3d 1283 (11th Cir. 2009), which we are bound to follow.
AFFIRMED.