United States v. Lockley
632 F.3d 1238
| 11th Cir. | 2011Background
- Lockley pled guilty to conspiring to possess with intent to distribute 500 grams or more of cocaine and received a 180‑month sentence.
- On appeal, Lockley argues the district court erred in applying the career offender enhancement under U.S.S.G. § 4B1.1(a) because his Florida attempted robbery conviction is not a 'crime of violence' under § 4B1.2.
- The court reviews de novo whether a prior conviction qualifies as a 'crime of violence' under the Guidelines and applies a categorical approach, examining only the conviction’s elements unless ambiguity requires considering the underlying facts.
- The Florida robbery statute § 812.13(1) is found to be the equivalent of the generic form of robbery, satisfying the 'crime of violence' definition via the elements clause and the residual clause.
- The court also holds that attempted robbery under Florida law satisfies § 4B1.2(a)’s elements and residual clauses, given its overt act requirement and substantial risk of physical injury.
- Accordingly, Lockley’s prior attempted robbery conviction qualifies as a 'crime of violence,' and the career offender enhancement is affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Lockley’s prior attempted robbery qualify as a crime of violence? | Government: § 812.13(1) mirrors generic robbery and is a crime of violence. | Lockley: Florida § 812.13(1) is non-generic and broader than robbery, so not a qualifying offense. | Yes; the conviction is a crime of violence; career offender enhancement affirmed. |
Key Cases Cited
- United States v. Palomino Garcia, 606 F.3d 1317 (11th Cir. 2010) (applies de novo review and categorical approach for prior offenses)
- United States v. Llanos-Agostadero, 486 F.3d 1194 (11th Cir. 2007) (categorical approach to 'crime of violence' determinations)
- United States v. Harris, 586 F.3d 1283 (11th Cir. 2009) (narrowed consideration of underlying facts only when judgment is ambiguous)
- United States v. Wilkerson, 286 F.3d 1324 (11th Cir. 2002) (held that § 812.13(1) is a violent felony under ACCA; supports residual clause analysis)
- Begay v. United States, 553 U.S. 137 (2008) (helps define 'serious potential risk of physical injury' under residual clause)
- James v. United States, 550 U.S. 192 (2007) (informs comparison of burglary risk to enumerated offenses)
- United States v. Walker, 595 F.3d 441 (2d Cir. 2010) (discusses generic form of robbery and related definitions)
- United States v. Becerril-Lopez, 541 F.3d 881 (9th Cir. 2008) (concludes California robbery statute falls within generic robbery/conducts of violence)