906 F.3d 1325
11th Cir.2018Background
- Lonnie Jones was arrested after a residence search found firearms and controlled substances; he pled guilty to one drug count and being a felon in possession of firearms/ammunition.
- Jones faced a 15-year mandatory minimum under the ACCA because the district court found he had three qualifying prior convictions: Florida robbery with a firearm (1988), Florida second-degree murder with a firearm (1992), and resisting an officer with violence (1994).
- At sentencing Jones objected only to classifying his Florida second-degree murder conviction as a “violent felony” under the ACCA elements clause. He argued the statute could encompass non‑forceful means (e.g., poisoning), so it was overbroad under the categorical approach.
- The district court overruled the objection and imposed concurrent 15‑year ACCA sentences; Jones appealed the ACCA classification.
- The Eleventh Circuit reviewed de novo whether Florida second‑degree murder categorically qualifies as a “violent felony” under the ACCA elements clause and whether its elements necessarily include the use, attempted use, or threatened use of physical force.
Issues
| Issue | Jones's Argument | Government's Argument | Held |
|---|---|---|---|
| Whether Florida second‑degree murder is a “violent felony” under the ACCA elements clause | Florida second‑degree murder can be committed without physical force (e.g., poisoning), so it is not categorically a violent felony | Florida second‑degree murder necessarily involves physical force (including indirect force such as poisoning), so it qualifies | Florida second‑degree murder categorically qualifies as a “violent felony” under the ACCA elements clause |
Key Cases Cited
- Curtis Johnson v. United States, 559 U.S. 133 (2010) (defines “physical force” as violent force capable of causing physical pain or injury)
- United States v. Castleman, 572 U.S. 157 (2014) (indirect force such as poisoning can constitute physical force)
- Descamps v. United States, 570 U.S. 254 (2013) (categorical-approach principle: compare statutory elements, not underlying facts)
- United States v. Deshazior, 882 F.3d 1352 (11th Cir. 2018) (poisoning is physical force under ACCA)
- Hylor v. United States, 896 F.3d 1219 (11th Cir. 2018) (Florida attempted first‑degree murder is a violent felony; poisoning counts as physical force)
- United States v. Hill, 799 F.3d 1318 (11th Cir. 2015) (federal law defines meaning of “physical force,” state law supplies crime elements)