USA v. Marcus Chatman, No. 14-11300 (11th Cir. 2015)
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Case: 14-11300 Date Filed: 07/24/2015 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-11300 Non-Argument Calendar ________________________ D.C. Docket No. 1:13-cr-00012-MW-GRJ-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MARCUS CHATMAN, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Northern District of Florida ________________________ (July 24, 2015) Case: 14-11300 Date Filed: 07/24/2015 Page: 2 of 2 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. 1 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. AFFIRMED. 1 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). 2
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