United States v. Desmond Shotwell
708 F. App'x 989
| 11th Cir. | 2017Background
- Defendant Desmond Shotwell pleaded guilty to being a felon in possession of a firearm and ammunition and was sentenced to 180 months under the Armed Career Criminal Act (ACCA).
- The ACCA imposes a 15-year mandatory minimum when a § 922(g) offender has three prior convictions for a "violent felony" or serious drug offenses.
- Shotwell’s three predicate convictions were Florida robbery offenses; he argued these did not qualify as ACCA "violent felonies" under the elements clause.
- Shotwell’s central contention: Florida robbery can be committed with minimal force ("snatching"), which he says is broader than the ACCA elements clause requiring "violent force."
- The Eleventh Circuit reviewed de novo whether Florida robbery fits the ACCA elements clause in light of Florida case law and prior Eleventh Circuit precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida robbery convictions qualify as ACCA "violent felonies" under the elements clause | Shotwell: Florida robbery can be committed with minimal force (mere snatching), so it is broader than the ACCA elements clause requiring use/attempted use/threatened use of physical force | Government/District Court: Under Florida law and Eleventh Circuit precedent, Florida robbery requires more than mere snatching and therefore satisfies the ACCA elements clause | Court: Affirmed — Florida robbery qualifies as an ACCA violent felony under the elements clause |
Key Cases Cited
- United States v. Wilkerson, 286 F.3d 1324 (11th Cir. 2002) (standard of review: de novo for ACCA predicate questions)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (residual clause of ACCA is unconstitutionally vague; elements clause unaffected)
- United States v. Lockley, 632 F.3d 1238 (11th Cir. 2011) (Florida attempted-robbery conviction qualified as a crime of violence under an elements-based provision)
- United States v. Dowd, 451 F.3d 1244 (11th Cir. 2006) (Florida armed robbery is a violent felony under the ACCA elements clause)
- United States v. Fritts, 841 F.3d 937 (11th Cir. 2016) (pre-Robinson Florida armed robbery convictions qualify as ACCA predicates under Dowd)
- United States v. Seabrooks, 839 F.3d 1326 (11th Cir. 2016) (applied Lockley to post-Robinson Florida robbery; panel agreed post-Robinson robbery qualifies under elements clause)