United States v. Harris, No. 18-11513 (11th Cir. 2019)
Annotate this CaseThe Eleventh Circuit affirmed defendant's 210 month sentence imposed after he pleaded guilty to being a felon in possession of a firearm. The court held that defendant's prior conviction for attempted first-degree assault under Alabama Code 13A-6-20(a) qualifies as a violent felon under the Armed Career Criminal Act's (ACCA) elements clause. Furthermore, regardless of whether defendant pleaded guilty to attempted first degree assault under section 13A-6-20(a)(1) or (a)(2), either offense qualifies as an ACCA violent felony under the elements clause. Because defendant did not challenge the district court's determination that he has two other prior convictions for serious drug offenses, the court held that the district court did not err in concluding that defendant had the requisite three predicate convictions to sustain an ACCA-enhanced sentence.
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