Boston v. United States, No. 17-13870 (11th Cir. 2019)Annotate this Case
The Eleventh Circuit affirmed the district court's denial of petitioner's second or successive motion to correct his sentence. Petitioner argued, in light of Johnson v. United States, 135 S. Ct. 2551 (2015), that his seven principal-to-robbery-with-a-firearm convictions qualified as a third violent-felony conviction under the Armed Career Criminal Act.
The court held, under Florida law, that an aider and abettor is responsible for all acts committed by his accomplice in furtherance of the criminal scheme. Under the Florida statute, a person is a principal in the first degree whether he actually commits the crime or merely aids, abets or procures its commission, so it is immaterial which kind of liability the indictment or information alleges. Therefore, one who commits the Florida crime of principal to armed robbery necessarily commits the Florida crime of armed robbery. Because all of petitioner's armed-robbery convictions, even those where he only aided and abetted an armed robbery, count as violent felonies the same as if he had committed the armed robbery himself, there was no error in denying petitioner's motion.