United States v. Adams, No. 14-14329 (11th Cir. 2016)
Annotate this CaseDefendant plead guilty to possession of a firearm as a convicted felon. The district court sentenced defendant to the mandatory minimum sentence of 180 months in prison pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). While defendant's appeal was pending, the Supreme Court invalidated the residual clause of the ACCA as unconstitutionally vague in Johnson v. United States. The government concedes that after Johnson, defendant’s prior convictions for fleeing or attempting to elude, under Fla. Stat. 316.1935, are no longer ACCA-qualifying offenses and cannot form the basis for a sentencing enhancement under the ACCA. The court agreed and concluded that the district court erred in sentencing defendant under the residual clause. Accordingly, the court reversed and remanded for resentencing.
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