United States v. Sharp, No. 20-12574 (11th Cir. 2021)
Annotate this CaseThe Eleventh Circuit vacated defendant's 110-month sentence for possessing a firearm as a convicted felon. The court held that the government did not waive its argument that defendant's conviction qualified as a predicate crime of violence under the Armed Career Criminal Act (ACCA), where, as here, the argument was foreclosed by binding precedent at the time of sentencing and the change in law occurred within the time to file a notice of appeal. Therefore, the court need not determine whether a conviction for robbery under Georgia law is an ACCA predicate offense. Accordingly, the court remanded for resentencing.
The court issued a subsequent related opinion or order on November 13, 2023.
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