United States v. White, No. 14-14044 (11th Cir. 2016)
Annotate this CaseAfter defendant pled guilty to one count of possessing a firearm as a convicted felon, he was sentenced under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e), to serve 180 months in prison. The court concluded that United States v. Robinson clearly governs under the prior precedent rule and thus forecloses defendant's appeal of his marijuana conviction under Ala. Code 13A-12-213(a). In Robinson, the court held that a conviction for possession of marijuana for other than personal use under section 13A-12-213(a)(1) qualifies as a serious drug offense under the ACCA. The court also concluded, in accordance with United States v. James, that defendant's conviction for trafficking by possession of at least 28 grams of cocaine, in violation of Ala. Code 13A-12-231, constitutes a serious drug offense and a valid predicate under the ACCA. Accordingly, the court affirmed the judgment.
The court issued a subsequent related opinion or order on August 24, 2017.
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