United States v. Kedrick Howard Hughes
688 F. App'x 889
| 11th Cir. | 2017Background
- Defendant Kedrick Howard Hughes pleaded guilty to being a felon in possession of a firearm (18 U.S.C. §§ 922(g)(1), 924(e)(1)) and possession with intent to distribute cocaine base and marijuana (21 U.S.C. § 841(a)(1)).
- District court applied the Armed Career Criminal Act (ACCA) and the career-offender Sentencing Guideline, producing a total 262-month sentence.
- The court treated a prior Florida aggravated assault conviction (Fla. Stat. § 784.021) as a predicate violent felony/crime of violence.
- The court treated prior Florida convictions for possession with intent to distribute cocaine as predicate serious drug offenses/controlled substance offenses.
- Hughes appealed, arguing that (1) his Florida aggravated assault conviction is not a violent felony/crime of violence, and (2) his Florida drug convictions are not serious drug offenses/controlled substance offenses (he conceded precedent foreclosed the latter).
- The Eleventh Circuit affirmed, concluding existing circuit precedent controls.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida aggravated assault (§ 784.021) qualifies as a violent felony under the ACCA elements clause | Hughes: the conviction should not count as a violent felony | Government: Turner controls and § 784.021 includes threatened use of physical force, so it qualifies | Affirmed — Turner forecloses Hughes; § 784.021 is a violent felony under ACCA elements clause |
| Whether Florida aggravated assault qualifies as a "crime of violence" under U.S.S.G. § 4B1.1 | Hughes: it does not qualify as a crime of violence under the Guidelines | Government: elements clause identical; Turner binding | Affirmed — same reasoning; Guidelines clause identical to ACCA elements clause |
| Whether possession with intent to distribute cocaine convictions are "serious drug offenses" under ACCA | Hughes: argued they should not count (but conceded precedent) | Government: they are serious drug offenses | Affirmed — circuit precedent (e.g., Smith) treats them as qualifying predicate offenses |
| Whether Hughes waived appellate challenge | Hughes: contested substantive classification | Government: argued waiver | Not necessary to reach — court resolved issues on merits based on precedent |
Key Cases Cited
- Turner v. Warden Coleman FCI, 709 F.3d 1328 (11th Cir. 2013) (holding Fla. Stat. § 784.021 necessarily involves threatened use of physical force and qualifies as an ACCA violent felony)
- United States v. Smith, 775 F.3d 1262 (11th Cir. 2014) (treating convictions for possession with intent to distribute cocaine as qualifying serious drug offenses under the ACCA)
- United States v. Archer, 531 F.3d 1347 (11th Cir. 2008) (restating prior panel rule principles)
- United States v. Fritts, 841 F.3d 937 (11th Cir. 2016) (noting identity of ACCA elements clause and Guideline elements clause)
- United States v. Golden, 854 F.3d 1256 (11th Cir. 2017) (reaffirming Turner’s application to § 784.021)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (Supreme Court decision noted but not read to abrogate Turner for § 784.021)