United States v. Derwin Fritts
2016 U.S. App. LEXIS 20172
| 11th Cir. | 2016Background
- Defendant Derwin Fritts pleaded guilty to three counts of being a felon in possession of a firearm under 18 U.S.C. § 922(g).
- District court applied the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), enhancing Fritts’s sentence to 180 months based on three prior convictions (including a 1989 Florida armed robbery with a firearm).
- Fritts appealed only the classification of his 1989 armed robbery conviction as a “violent felony” under the ACCA elements clause.
- The ACCA’s elements clause defines a violent felony as an offense that “has as an element the use, attempted use, or threatened use of physical force against the person of another.”
- Florida’s robbery statute (§ 812.13(1), (2)(a) (1987)) criminalizes taking property from another when, in the course of the taking, there is “use of force, violence, assault, or putting in fear”; robbery-with-a-firearm is an enhanced first-degree felony.
- The Eleventh Circuit relied on its precedents (United States v. Dowd and United States v. Lockley) and Florida Supreme Court decisions (Robinson, McCloud, Montsdoca) to hold the 1989 armed robbery conviction categorically qualifies as an ACCA violent felony.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fritts’s 1989 Florida armed robbery conviction qualifies as a "violent felony" under the ACCA elements clause | Fritts argued Dowd was abrogated by Curtis Johnson and that historic Florida law allowed mere snatching or minimal force, so the offense does not necessarily include the use or threatened use of physical force | Government argued Florida robbery requires force, violence, assault, or putting in fear (fear of death or great bodily harm), so it categorically includes use/threatened use of physical force; Dowd and Lockley control | The court held the 1989 armed robbery conviction categorically qualifies as an ACCA violent felony and affirmed the 180-month sentence |
Key Cases Cited
- United States v. Dowd, 451 F.3d 1244 (11th Cir.) (Florida armed robbery is a violent felony under the ACCA elements clause)
- United States v. Lockley, 632 F.3d 1238 (11th Cir. 2011) (Florida robbery statute categorically requires use or threatened use of physical force; matches elements clause)
- Johnson v. United States, 559 U.S. 133 (2010) (Curtis Johnson) (distinguished; involved simple battery and did not undermine robbery precedent)
- Leocal v. Ashcroft, 543 U.S. 1 (2004) (discusses meaning of use of physical force and cautions regarding negligence offenses)
- Robinson v. State, 692 So. 2d 883 (Fla. 1997) (Florida Supreme Court clarifies robbery requires more than snatching; requires force overcoming resistance)