United States v. Deshazior

The Eleventh Circuit affirmed the district court's application of a fifteen year mandatory minimum sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e)(1) and 924(e)(2)(B), to defendant's sentence. The court held that defendant's argument that aggravated assault under Fla. Stat. 784.021 and resisting an officer with violence under Fla. Stat. 843.01 were not violent felonies was foreclosed by circuit precedent. The court also held that a conviction for sexual battery with a deadly weapon under Fla. Stat. 794.011(3) was a conviction for a violent felony under the ACCA's elements clause. Therefore, defendant had the three qualifying prior felony convictions under the ACCA. View "United States v. Deshazior" on Justia Law