United States v. Kenneth Roy Conde
686 F. App'x 755
| 11th Cir. | 2017Background
- Kenneth Roy Conde pleaded guilty to possession of a firearm and ammunition by a convicted felon (18 U.S.C. §§ 922(g)(1), 924(e)).
- The district court imposed a 204-month sentence under the Armed Career Criminal Act (ACCA) based on three 1992 Florida robbery convictions (Fla. Stat. § 812.13).
- Conde challenged treating those 1992 convictions as ACCA predicates, arguing Florida robbery did not necessarily involve the use of force required by the ACCA elements clause.
- The Eleventh Circuit reviews de novo whether a prior offense is a "violent felony" under 18 U.S.C. § 924(e).
- The ACCA defines "violent felony" to include offenses that have as an element the use, attempted use, or threatened use of physical force against another (the elements clause), or enumerated crimes or conduct posing serious risk of physical injury (including the residual clause).
- The court concluded Florida robbery has historically required more than mere snatching and therefore qualifies under the ACCA elements clause, affirming Conde’s armed-career-criminal sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Conde's 1992 Florida robbery convictions qualify as ACCA "violent felonies" | Conde: pre-1997 Florida robbery allowed mere snatching and thus may not require the force in the ACCA elements clause | Government: Florida robbery has always required force beyond mere snatching and therefore meets the elements clause | Held: Affirmed — Florida robbery (§ 812.13) requires the use/overcoming of resistance and qualifies as a violent felony under the elements clause |
Key Cases Cited
- United States v. Wilkerson, 286 F.3d 1324 (11th Cir. 2002) (standard of de novo review for "violent felony" classification)
- United States v. Lockley, 632 F.3d 1238 (11th Cir. 2011) (post-Robinson Florida attempted-robbery qualifies as a crime of violence under elements clause)
- United States v. Alexander, 609 F.3d 1250 (11th Cir. 2010) (similarity of ACCA elements clause and Guidelines crime-of-violence language)
- United States v. Dowd, 451 F.3d 1244 (11th Cir. 2006) (Florida armed robbery qualifies as ACCA violent felony)
- United States v. Seabrooks, 839 F.3d 1326 (11th Cir. 2016) (post-Robinson Florida robbery convictions qualify under elements clause)
- United States v. Fritts, 841 F.3d 937 (11th Cir. 2016) (pre-Robinson Florida armed robbery convictions qualify under elements clause)
- Johnson v. United States, 559 U.S. 133 (2010) (definitional discussion of force required under ACCA elements clause)
- Robinson v. State, 692 So.2d 883 (Fla. 1997) (Florida Supreme Court clarifying robbery requires force beyond mere snatching)