United States v. Oliver, No. 17-15565 (11th Cir. 2020)
Annotate this CaseThe Eleventh Circuit reversed defendant's sentence imposed after he pleaded guilty to possessing a firearm and ammunition as a convicted felon. The court held that defendant's prior Georgia conviction for making terroristic threats under O.C.G.A. 16-11-37(a) (2010), is not a predicate violent felony under the elements clause of the Armed Career Criminal Act. The court held that because section 16-11-37(a) is indivisible and overbroad under Mathis v. United States, 136 S. Ct. 2243, 2249 (2016), a violation of that statute categorically does not constitute a predicate offense under the elements clause. Accordingly, the court remanded for resentencing.
The court issued a subsequent related opinion or order on April 8, 2020.
The court issued a subsequent related opinion or order on June 18, 2020.
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