United States v. Bobby Jenkins
2015 U.S. App. LEXIS 4219
| 11th Cir. | 2015Background
- Defendants Joseph Clarke and Bobby Jenkins appealed convictions including felon-in-possession under 18 U.S.C. § 922(g)(1); Jenkins had a prior Florida guilty plea to cocaine possession where adjudication was withheld.
- The government treated Jenkins as a "convicted felon" based on that prior plea; Jenkins argued the withheld adjudication means no "conviction" for § 922(g) purposes.
- Federal law directs that whether an act is a "conviction" is determined by the law of the jurisdiction where the proceedings occurred, here Florida. 18 U.S.C. § 921(a)(20).
- Florida Supreme Court decisions and Florida district courts of appeal (McFadden; Castillo; Menuto) suggest a withheld adjudication is not a conviction for state felon-in-possession law.
- Eleventh Circuit precedent (Orellanes; Grinkiewicz) previously held that a guilty plea with sentence withheld may nonetheless qualify as a "conviction" for federal statutes like § 922(g).
- Because of this direct conflict between Eleventh Circuit precedent and indications from Florida authorities, the Eleventh Circuit certified to the Florida Supreme Court the question whether a Florida guilty plea with adjudication withheld qualifies as a "conviction" under Fla. Stat. § 790.23(1).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a Florida guilty plea with adjudication withheld counts as a "conviction" for purposes of Florida's felon-in-possession statute | Jenkins: withheld adjudication means no conviction under Florida law | Government: prior guilty plea with sentence withheld still qualifies as a conviction for § 922(g) application | Court certified the question to the Florida Supreme Court rather than decide; retained jurisdiction |
Key Cases Cited
- United States v. Orellanes, 809 F.2d 1526 (11th Cir.) (Eleventh Circuit held plea with sentence withheld may be a "conviction" for federal statutes)
- United States v. Grinkiewicz, 873 F.2d 253 (11th Cir.) (per curiam) (affirmed Orellanes reasoning)
- State v. McFadden, 772 So. 2d 1209 (Fla. 2000) (adopted definition of "conviction" requiring adjudication of guilt; withheld adjudication is not a conviction for impeachment context)
- United States v. Chubbuck, 252 F.3d 1300 (11th Cir.) (discussed interplay of Eleventh Circuit precedent and Florida law; noted Florida indications that prior holdings may be incorrect)
- Castillo v. State, 590 So. 2d 458 (Fla. Dist. Ct. App.) (Third DCA) (withheld adjudication does not render offender a convicted felon under state statute)
- State v. Menuto, 912 So. 2d 603 (Fla. Dist. Ct. App.) (Second DCA) (same conclusion for felon-in-possession statute)