Dewey Hylor v. United States
896 F.3d 1219
11th Cir.2018Background
- Dewey Hylor was convicted in 2008 of being a felon in possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA) based on three prior Florida convictions: attempted first-degree murder, aggravated assault, and strong-arm robbery.
- Hylor later filed a §2255 motion after Johnson (2015) invalidated the ACCA residual clause; he argued none of his prior Florida convictions qualified as ACCA "violent felonies" under the elements clause.
- The district court denied relief, finding (1) Florida attempted first-degree murder requires an attempted use of physical force capable of causing pain or injury, and (2) Eleventh Circuit precedent treats Florida aggravated assault and strong-arm robbery as ACCA predicates.
- Hylor appealed; the Eleventh Circuit reviewed the legal question de novo and factual findings for clear error.
- The court applied the categorical approach, asking whether the least culpable conduct criminalized by the Florida statutes necessarily involves the use, attempted use, or threatened use of physical force "capable of causing physical pain or injury."
- The Eleventh Circuit affirmed: attempted first-degree murder (even by poisoning) qualifies as an elements-clause violent felony; prior precedent binds the court to treat Florida aggravated assault and strong-arm robbery as predicates.
Issues
| Issue | Plaintiff's Argument (Hylor) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether Florida attempted first-degree murder is a "violent felony" under ACCA elements clause | Poisoning that fails to kill can be non-violent; therefore attempted murder need not involve the required physical force | Florida law requires intentional acts capable of causing physical injury/death; indirect force (e.g., poisoning) is still physical and violent under precedent | Yes; attempted first-degree murder is a violent felony—indirect, intentional acts (including poisoning) constitute physical force capable of causing pain or injury |
| Whether attempt convictions count as elements-clause violent felonies | Attempt may be completed via non-forceful overt acts; intent alone does not equal attempted use of force | The elements clause treats attempted force the same as completed force; attempt requires intent to commit all elements, so attempt qualifies | Court follows precedent (St. Hubert) and holds attempt qualifies; concurrence disagrees with the reasoning but is bound by precedent |
| Whether Florida aggravated assault is an ACCA predicate | (Concedes precedent unfavorable) | Precedent holds aggravated assault qualifies | Yes; bound by Eleventh Circuit precedent |
| Whether Florida strong-arm robbery is an ACCA predicate | (Concedes precedent unfavorable) | Precedent holds strong-arm robbery qualifies | Yes; bound by Eleventh Circuit precedent |
Key Cases Cited
- Descamps v. United States, 570 U.S. 254 (categorical approach limits inquiry to statutory elements)
- Taylor v. United States, 495 U.S. 575 (framework for categorical approach)
- Curtis Johnson v. United States, 559 U.S. 133 (physical force must be exerted by concrete bodies)
- Castleman v. United States, 572 U.S. 157 (the "use" of force requires knowing or intentional application; indirect force can qualify)
- United States v. Deshazior, 882 F.3d 1352 (11th Cir. 2018) (indirect acts like poisoning qualify as physical, violent force)
- United States v. St. Hubert, 883 F.3d 1319 (11th Cir. 2018) (attempted offense can qualify under elements clause)
- James v. United States, 550 U.S. 192 (attempted first-degree murder described as prototypically violent crime)