Opinion
No. 14-11300
07-24-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MARCUS CHATMAN, Defendant - Appellant.
[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 1:13-cr-00012-MW-GRJ-1 Appeal from the United States District Court for the Northern District of Florida Before JORDAN, JILL PRYOR and BLACK, Circuit Judges. PER CURIAM:
Marcus Chatman appeals his 180-month prison sentence, imposed after a jury convicted him of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Chatman argues the district court erred by sentencing him under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e) and U.S.S.G. § 4B1.4(a), based on his prior convictions for possession with intent to sell cocaine, in violation of Florida Statutes § 893.13(1). Chatman contends his prior § 893.13 convictions do not qualify as ACCA-predicate "serious drug offense[s]" under § 924(e)(2)(A)(ii) because they lack a mens rea requirement. Chatman's sole argument on appeal is foreclosed by United States v. Smith, 775 F.3d 1262, 1264, 1267-68 (11th Cir. 2014), which held convictions for possession with intent to sell a controlled substance, in violation of § 893.13(1), qualify as "serious drug offense[s]" under § 924(e)(2)(A)(ii). We therefore affirm.
We review de novo whether a prior conviction qualifies as an ACCA "serious drug offense." United States v. Robinson, 583 F.3d 1292, 1294 (11th Cir. 2009). --------
AFFIRMED.