USA v. James Joseph Brown, No. 05-16128 (11th Cir. 2009)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on April 29, 2008.
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _________________________ No. 05-16128 __________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT JULY 8, 2009 THOMAS K. KAHN CLERK D. C. Docket No. 04-14032-CR-KMM UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JAMES JOSEPH BROWN, Defendant-Appellant. __________________________ Appeal from the United States District Court for the Southern District of Florida ___________________________ ON REMAND FROM THE UNITED STATES SUPREME COURT (July 8, 2009) Before TJOFLAT, FAY and SILER,* Circuit Judges. PER CURIAM: * Honorable Eugene E. Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation. In United States v. Brown, 526 F.3d 691 (11th Cir. 2008), we affirmed appellant s conviction1 for using a facility and means of interstate commerce to entice a minor to engage in sexual activity, in violation of 18 U.S.C. § 2422(b). We also affirmed the sentence he received as a career offender. See U.S.S.G. § 4B1.1. Appellant petitioned the Supreme Court for a writ of certiorari to review our judgment. The Court granted the writ, in No. 08-5664, vacated our judgment, and remanded the case to this court for further consideration in light of Chambers v. United States, 555 U.S. ____ [,129 S.Ct. 687, 172 L.Ed.2d 484] (2009). On receipt of the Supreme Court s mandate, we requested and received supplemental briefing from the parties. In Chambers, the defendant pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). The question before the Supreme Court was whether the crime of failure to report to a penal institution, in violation of Ill. Comp. Stat., ch 720, § 5/31-6(a) (West Supp. 2008), qualified as a violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924(e). 555 U.S. at ___, 129 S.Ct . at 688. The Court held that it did not. Id. This case at hand does not present that question. Appellant nonetheless contends that the 1 Appellant was convicted on a plea of guilty pursuant to a plea agreement. 2 rationale the Supreme Court utilized in reaching its holding should inform our answer to the question of whether 18 U.S.C. § 2422(b) is a crime of violence under U.S.S.G. § 4B1.1. Appellant acknowledges that our decision in United States v. Searcy, 418 F.3d 1193,1198 (11th Cir. 2005), has already answered that question § 2422(b) is a crime of violence under § 4B1. In reviewing appellant s sentence, we followed Searcy, as we were bound to do, in holding that appellant s § 2422(b) offense constituted a crime of violence. United States v. Brown, 526 F.3d at 702. Appellant asks that we reconsider Searcy in light of Chambers. We have done so, and find nothing in Searcy s holding that is inconsistent with Chambers. The judgment of the district court is, accordingly, AFFIRMED. 3
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