USA v. Travis Ferrell Griffin, No. 07-10683 (11th Cir. 2009)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on August 19, 2008.
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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________ No. 07-10683 _____________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT AUGUST 6, 2009 THOMAS K. KAHN CLERK D.C. Docket No. 06-00015-CR-ORL-18-JGG UNITED STATES OF AMERICA, Plaintiff-Appellee, versus TRAVIS FERRELL GRIFFIN, Defendant-Appellant. ____________ Appeal From the United States District Court for the Middle District of Florida ____________ (August 6, 2009) ON REMAND FROM THE UNITED STATES SUPREME COURT Before EDMONDSON, HILL and ALARCON,* Circuit Judges. _______________________________ *Honorable Arthur L. Alarcon, United States Circuit Judge for the Ninth Circuit, sitting by designation. PER CURIAM: This case is before the court upon remand from the United States Supreme Court for further consideration in light of Chambers v. United States, 555 U.S. __, 129 S. Ct. 687 (2009). In view of this court s holding in United States v. Harrison, 558 F.3d 1280 (11th Cir. 2009), no additional briefing by the parties is required, and the case is ripe for decision. In Harrison, this court held that a prior Florida conviction for willful fleeing was not a violent felony for the purposes of the Armed Career Criminal Act (the ACCA ). Therefore, Griffin s sentencing enhancement under the ACCA based in part upon a prior Florida conviction for willful fleeing was error, and his sentence must be vacated and he must be resentenced without the enhancement. VACATED AND REMANDED. 2
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