United States v. Harry Wilcoxson
699 F. App'x 888
11th Cir.2017Background
- Defendant Harry Wilcoxson was convicted of multiple federal drug and firearms offenses and received a 240‑month sentence under the Armed Career Criminal Act (ACCA).
- He pled guilty to four drug counts and was convicted at trial on possession‑in‑furtherance and felon‑in‑possession firearm counts.
- The Presentence Report treated four prior state convictions as ACCA predicates: two Florida assaults (1967, 1973) and two drug‑trafficking convictions (Florida 1989; Georgia 2002).
- Wilcoxson conceded the two assault convictions were violent felonies but argued neither prior drug trafficking conviction qualified as a “serious drug offense” under the ACCA.
- The district court, relying on Eleventh Circuit precedent, overruled the objection and imposed the mandatory 15‑year ACCA minimum (total 240 months).
- On appeal the Eleventh Circuit applied the categorical approach and affirmed, holding the 1989 Florida trafficking conviction is an ACCA serious drug offense under circuit precedent.
Issues
| Issue | Plaintiff's Argument (Wilcoxson) | Defendant's Argument (Government) | Held |
|---|---|---|---|
| Whether Wilcoxson's prior state cocaine trafficking convictions qualify as ACCA "serious drug offenses" | The Florida trafficking statute allowed conviction based on mere possession of a threshold quantity and did not require intent to distribute, so it is not a qualifying "serious drug offense." | The statute "involved" distribution/intent because of the quantity threshold and statutory scheme; under Eleventh Circuit precedent such convictions qualify. | Affirmed: the 1989 Florida trafficking conviction qualifies as an ACCA serious drug offense under Eleventh Circuit precedent (United States v. James), supplying Wilcoxson's third predicate and sustaining the ACCA sentence. |
Key Cases Cited
- United States v. White, 837 F.3d 1225 (11th Cir. 2016) (standard of review for ACCA predicate qualification)
- United States v. James, 430 F.3d 1150 (11th Cir. 2005) (Florida cocaine trafficking statute qualifies as ACCA serious drug offense despite not requiring intent to distribute)
- Descamps v. United States, 570 U.S. 254 (2013) (categorical approach requires looking only to statutory elements)
- Mathis v. United States, 579 U.S. 500 (2016) (categorical‑approach principles for comparing elements to generic offense)
- McNeill v. United States, 563 U.S. 816 (2011) (must analyze the version of state law under which defendant was convicted)
- Johnson v. United States, 576 U.S. 591 (2015) (noting limits on prior precedent)
- Smith v. GTE Corp., 236 F.3d 1292 (11th Cir. 2001) (panel precedent binding unless overruled en banc or by Supreme Court)