United States v. Bobby Jenkins
2016 U.S. App. LEXIS 8652
| 11th Cir. | 2016Background
- Bobby Jenkins and Joseph Clarke were convicted in federal court for offenses including Hobbs Act conspiracy, drug conspiracy, and possession of a firearm by a convicted felon (18 U.S.C. § 922(g)(1)).
- Jenkins’s § 922(g)(1) charge rested on an earlier Florida guilty plea to cocaine possession where adjudication was withheld under Fla. Stat. § 948.01.
- 18 U.S.C. § 921(a)(20) directs that whether a prior adjudication counts as a “conviction” for § 922(g) is determined by the law of the state where the proceeding occurred (Florida law here).
- The Eleventh Circuit certified to the Florida Supreme Court the question whether a guilty plea with adjudication withheld qualifies as a “conviction” under Fla. Stat. § 790.23(1)(a) (Florida’s felon‑in‑possession statute).
- The Florida Supreme Court answered: a guilty plea for a felony for which adjudication is withheld does not qualify as a “conviction” under § 790.23(1)(a).
- Based on that controlling state-law answer, the Eleventh Circuit vacated Jenkins’s federal § 922(g)(1) conviction and remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a guilty plea with adjudication withheld counts as a "conviction" under Fla. Stat. § 790.23(1)(a) for purposes of 18 U.S.C. § 922(g)(1) | Gov: Jenkins’s prior guilty plea establishes a conviction for federal felon‑in‑possession purposes | Jenkins: Withheld adjudication means no conviction under Florida law, so § 922(g)(1) cannot apply | Held: No — a guilty plea with adjudication withheld is not a “conviction” under § 790.23(1)(a) (Florida Supreme Court); Eleventh Circuit vacated § 922(g)(1) conviction |
Key Cases Cited
- Clarke v. United States, 184 So. 3d 1107 (Fla. 2016) (Florida Supreme Court: guilty plea with adjudication withheld is not a "conviction" under § 790.23)
- United States v. Clarke, 780 F.3d 1131 (11th Cir. 2015) (Eleventh Circuit certified question to Florida Supreme Court)
- United States v. Orellanes, 809 F.2d 1526 (11th Cir. 1987) (earlier Eleventh Circuit holding that withheld adjudication could still be treated as a conviction for some federal statutes)
- United States v. Grinkiewicz, 873 F.2d 253 (11th Cir. 1989) (per curiam reaffirming Orellanes)
- United States v. Chubbuck, 252 F.3d 1300 (11th Cir. 2001) (Eleventh Circuit noting potential conflict between its precedent and Florida law)
- State v. McFadden, 772 So. 2d 1209 (Fla. 2000) (Florida Supreme Court adopting definition of "conviction" requiring adjudication in certain contexts)
- State v. Gazda, 257 So. 2d 242 (Fla. 1971) (earlier Florida case treating determination of guilt as conviction in a different statutory context)
- State v. Snyder, 673 So. 2d 9 (Fla. 1996) (discussing § 790.23’s purpose to keep firearms from those adjudged unfit)
- Castillo v. State, 590 So. 2d 458 (Fla. 3d DCA 1991) (DCA holding adjudication required for § 790.23 conviction)
- State v. Menuto, 912 So. 2d 603 (Fla. 2d DCA 2005) (DCA following Castillo that withheld adjudication is not a conviction for § 790.23)