United States v. Larry Levern Jones
2014 U.S. App. LEXIS 3505
| 11th Cir. | 2014Background
- Jones pleaded guilty to being a felon in possession of a firearm and ammunition and was sentenced to 180 months due to an ACCA enhancement.
- The district court counted three Alabama third-degree burglary convictions as ACCA predicates, elevating the sentence.
- At sentencing, Jones’ attorney did not object to the ACCA predicate conclusions in the PSR beyond a general challenge to criminal history.
- Relying on pre-Descamps law, the court treated Alabama § 13A-7-7 burglary convictions as ACCA qualifying offenses.
- After Descamps and the Eleventh Circuit’s Howard decision, the court recognized the Alabama burglary convictions cannot qualify as generic burglary for ACCA.
- The panel sua sponte treated the error as plain and vacated/remanded for resentencing without the ACCA enhancement.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ACCA enhancement based on Alabama third-degree burglary is proper. | Jones argues the convictions do not satisfy ACCA violent-felony predicates. | The government maintains the Alabama convictions qualify under prior circuit law. | Yes, error; ACCA predicate use was improper; vacate/remand without ACCA. |
Key Cases Cited
- United States v. Rainer, 616 F.3d 1212 (11th Cir. 2010) (Alabama third-degree burglary previously treated as ACCA predicate)
- Descamps v. United States, 133 S. Ct. 2276 (2013) (indivisible and generic-offense analysis for ACCA predicates)
- United States v. Howard, — F.3d — (11th Cir. 2014) (Alabama § 13A-7-7 cannot qualify as generic burglary under ACCA)
- United States v. Rodriguez, 398 F.3d 1291 (11th Cir. 2005) (plain-error review framework)
- United States v. Pielago, 135 F.3d 703 (11th Cir. 1998) (intervening Supreme Court/ circuit on plain-error triggers)
- United States v. Bennett, 472 F.3d 825 (11th Cir. 2006) (prejudice and sentencing impact under plain-error review)