United States v. Lee, No. 16-16590 (11th Cir. 2018)
Annotate this CaseThe government appealed the district court's grant of defendant's motion to vacate his criminal sentence under 28 U.S.C. 2255 in light of Johnson v. United States, 135 S. Ct. 2551, 2557-60 (2015), and Welch v. United States, 136 S. Ct. 1257, 1268 (2016). Defendant was convicted of being a felon in possession of a firearm and sentenced under the Armed Career Criminal Act, 18 U.S.C. 924(e). The Eleventh Circuit vacated defendant's 85 month sentence and remanded with instructions that the district court reinstate defendant's original 15 year sentence. The court held that United States v. Dowd, 451 F.3d 1244, 1255 (11th Cir. 2006), which held that Florida robbery was a violent felony, and United States v. Lockley, 632 F.3d 1238, 1245 (11th Cir. 2011), which held that Florida robbery qualified as a crime of violence under the elements clause of USSG 4B1.2(a)(1), foreclosed defendant's arguments.
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