3 F.4th 1286
11th Cir.2021Background:
- Matthews pleaded guilty to making a false statement to a federally licensed firearms dealer after answering "no" on ATF Form 4473 about being subject to an injunction; he was then denied the rifle purchase when he failed the background check.
- The PSI applied a base offense level of 22 under U.S.S.G. §2K2.1(a)(3) because (1) the attempted purchase involved a semiautomatic rifle that is capable of accepting a large-capacity magazine and (2) Matthews had a prior Florida felony battery conviction.
- Matthews objected that (a) his Florida felony battery (§784.041) is not a "crime of violence," and (b) the large-capacity-magazine enhancement was improper because the rifle was unloaded, he never possessed a magazine, and there was no evidence what magazine he would have bought.
- At sentencing the district court rejected the battery challenge (citing binding precedent), found it reasonable to infer a 30-round magazine was in close proximity to the rifle (the rifle "comes standard" with a 30-round mag and the shop sold magazines), adopted the PSI, and sentenced Matthews to 57 months.
- Matthews appealed, renewing the two objections; the Eleventh Circuit reviewed the magazine factual findings for clear error and the crime-of-violence question de novo.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the §2K2.1(a)(3) enhancement applies because the semiautomatic rifle was "capable of accepting a large capacity magazine" (magazine "in close proximity") | Government: rifle comes standard with a 30‑round magazine and the shop sold magazines, so a >15‑round magazine was in close proximity | Matthews: rifle was unloaded, no magazine attached or possessed, no proof what magazine he would have purchased | Court affirmed; district court’s inference that a >15‑round magazine was in close proximity was plausible and not clearly erroneous; enhancement applies |
| Whether Matthews’s prior Florida felony battery conviction qualifies as a "crime of violence" for §2K2.1(a)(3) | Government: prior felony battery qualifies as a crime of violence under controlling precedent | Matthews: felony battery does not qualify as a crime of violence | Court affirmed; bound by en banc precedent holding Fla. felony battery is categorically a crime of violence |
Key Cases Cited
- United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017) (en banc) (Florida felony battery categorically qualifies as a crime of violence)
- United States v. Gordillo, 920 F.3d 1292 (11th Cir. 2019) (interpreting "close proximity" and policy behind §2K2.1 enhancements)
- United States v. Evans, 958 F.3d 1102 (11th Cir. 2020) (interpreting "capable of accepting a large capacity magazine" as words of possibility)
- United States v. Ochoa, 941 F.3d 1074 (11th Cir. 2019) (applying "close proximity" analysis to firearms and magazines across locations)
- Anderson v. City of Bessemer, 470 U.S. 564 (U.S. 1985) (standard for reviewing factual findings for clear error)
- United States v. Chavez, 584 F.3d 1354 (11th Cir. 2009) (permitting reasonable factual inferences at sentencing)