United States v. Edwin DeShazior
882 F.3d 1352
| 11th Cir. | 2018Background
- In December 2015 Miami-Dade officers found Edwin Deshazior with a revolver and ammunition; he pleaded guilty to being a felon in possession under 18 U.S.C. §§ 922(g)(1) and 924(e)(1).
- The Presentence Investigation Report listed five prior Florida felony convictions and treated three as ACCA predicates, triggering a 15‑year mandatory minimum (180 months).
- The listed Florida convictions included: (1) 1989 sexual battery (Fla. Stat. § 794.011(3)); (2) 1989 aggravated assault (Fla. Stat. § 784.021); (3) 1993 attempted sexual battery; (4) 1993 kidnapping; and (5) 2005 resisting an officer with violence (Fla. Stat. § 843.01).
- Deshazior objected that (a) his prior convictions are not "violent felonies" under the ACCA elements clause and (b) prior convictions not alleged in the indictment cannot be used to enhance his sentence.
- The district court overruled the objections and imposed the ACCA mandatory minimum; the Eleventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida aggravated assault (§ 784.021) is an ACCA "violent felony" under the elements clause | Deshazior: § 784.021 can be satisfied by reckless mens rea and thus does not require "use of physical force" | Government: Eleventh Circuit precedent treats § 784.021 as a categorical violent felony | Held: Affirmed; Turner controls and § 784.021 is a violent felony under the elements clause |
| Whether resisting an officer with violence (§ 843.01) is an ACCA "violent felony" | Deshazior: statute is overbroad because de minimis force (e.g., wiggling/struggling) could satisfy it | Government: Precedent rejects de minimis-force theory; statute requires violent force | Held: Affirmed; § 843.01 is a violent felony under circuit precedent |
| Whether sexual battery with a deadly weapon (§ 794.011(3)) is an ACCA "violent felony" | Deshazior: the provision could encompass means that do not involve "physical force" (e.g., indirect weapons, chemical agents, or non‑direct conduct) | Government: § 794.011(3) is divisible; the deadly‑weapon element requires force capable of causing pain or injury and thus meets the elements clause | Held: Affirmed; sexual battery with a deadly weapon qualifies as a violent felony under the elements clause |
| Whether prior convictions not alleged in the indictment may be used to impose the ACCA mandatory minimum | Deshazior: Apprendi requires prior‑offense facts to be alleged and proved to a jury beyond a reasonable doubt | Government: Almendarez‑Torres permits sentencing enhancements based on prior convictions proven to the court | Held: Affirmed; prior convictions may be used to enhance the sentence under Almendarez‑Torres |
Key Cases Cited
- Turner v. Warden Coleman FCI, 709 F.3d 1328 (11th Cir. 2013) (holds Florida aggravated assault is a categorical ACCA predicate)
- United States v. Hill, 799 F.3d 1318 (11th Cir. 2015) (applies ACCA analysis to Florida resisting‑officer statute)
- Romo‑Villalobos v. United States, 674 F.3d 1246 (11th Cir. 2012) (holds Florida resisting an officer with violence is a violent felony)
- United States v. Castleman, 134 S. Ct. 1405 (2014) (physical force includes force that operates indirectly through devices or agents)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (struck down ACCA residual clause)
- Descamps v. United States, 133 S. Ct. 2276 (2013) (explains use of categorical and modified categorical approaches)
- Mathis v. United States, 136 S. Ct. 2243 (2016) (clarifies divisibility and application of the modified categorical approach)
- Almendarez‑Torres v. United States, 523 U.S. 224 (1998) (permits sentencing enhancements based on prior convictions)