United States v. Amos J. Moss, 678 F. App'x 953

Defendant Amos J. Moss pleaded guilty to being a felon in possession of a firearm and received an 180‑month sentence under the ACCA enhancement.
The ACCA imposes a 15‑year minimum if a defendant has three prior convictions for a “violent felony” or serious drug offense.
The district court treated Moss’s prior Florida conviction for domestic battery by strangulation (Fla. Stat. § 784.041(2)(a)) as a predicate “violent felony.”
Moss challenged that classification on appeal, arguing the Florida statute can be violated by minimal force (e.g., a fleeting touch) that does not meet the ACCA’s requirement of “physical force.”
The Eleventh Circuit reviewed de novo whether the Florida offense categorically qualifies under the ACCA’s elements clause (use, attempted use, or threatened use of physical force).
The court concluded the statute requires knowingly and intentionally impeding breathing or circulation by applying pressure to the throat/neck or blocking nose/mouth so as to create a risk of or cause great bodily harm, and thus necessarily involves violent force.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Florida domestic battery by strangulation is a "violent felony" under ACCA elements clause	Moss: statute can be violated by slight or fleeting pressure/touch that only momentarily impedes breathing or circulation, so it need not involve "physical force" as defined in Curtis Johnson	Government: statute requires knowingly and intentionally impeding breathing/circulation in a way that creates risk of great bodily harm, which entails force capable of causing pain or injury	The statute categorically requires violent force and thus qualifies as an ACCA predicate violent felony

Curtis Johnson v. United States, 559 U.S. 133 (Supreme Court 2010) ("physical force" means violent force capable of causing pain or injury)
Samuel Johnson v. United States, 135 S. Ct. 2551 (Supreme Court 2015) (ACCA residual clause is unconstitutionally vague; elements and enumerated‑crimes clauses unaffected)
Moncrieffe v. Holder, 133 S. Ct. 1678 (Supreme Court 2013) (categorical approach; examine least conduct criminalized)
Descamps v. United States, 133 S. Ct. 2276 (Supreme Court 2013) (modified categorical approach applies when statute is divisible)
United States v. Hill, 799 F.3d 1318 (11th Cir. 2015) (categorical approach guidance)
United States v. McGuire, 706 F.3d 1333 (11th Cir. 2013) (statute must not plausibly cover non‑violent conduct to qualify under elements clause)