United States v. Oliver, No. 17-15565 (11th Cir. 2020)Annotate this Case
The Eleventh Circuit granted a petition for panel rehearing of this court's opinion reversing defendant's sentence under the Armed Career Criminal Act (ACCA). The court vacated its previous opinion and substituted the following opinion.
Defendant pleaded guilty to possessing a firearm and ammunition as a convicted felon under 18 U.S.C. 922(g) and 924(a)(2). Based, in part, on his prior Georgia conviction for making terroristic threats under O.C.G.A. 16-11-37(a) (2010), defendant was sentenced under the ACCA to 180 months in prison.
The court held that O.C.G.A. 16-11-37(a) is divisible under Mathis v. United States, 136 S. Ct. 2243, 2249 (2016), and that a threat to commit "any crime of violence" under Georgia law always includes an element requiring threatened violent force against another. Therefore, the court held that defendant's terroristic-threats conviction qualifies as a violent felony under the ACCA's elements clause. The court affirmed the district court's judgment.
This opinion or order relates to an opinion or order originally issued on January 6, 2020.