United States v. Michael Kelly
697 F. App'x 669
| 11th Cir. | 2017Background
- Michael Kelly was convicted under 18 U.S.C. § 922(g) for possession of a firearm/ammunition as a felon and sentenced to 70 months.
- The District Court applied U.S.S.G. § 2K2.1(a)(4)(A) to raise Kelly’s base offense level to 20, because he had a prior felony conviction for Florida aggravated assault.
- § 2K2.1 references the definition of “crime of violence” in U.S.S.G. § 4B1.2(a), which (under the 2015 Guidelines here) has an elements clause and an enumerated/residual clause; commentary lists aggravated assault as an enumerated offense.
- Florida aggravated assault (§ 784.021(1)) covers assault with a deadly weapon or assault with intent to commit a felony.
- Eleventh Circuit precedent (Turner) held Florida aggravated assault categorically meets the elements clause of the ACCA; Golden confirmed Turner governs application of § 4B1.2 in this Circuit.
- The panel reviewed de novo and, under the prior-panel-precedent rule, affirmed that Kelly’s prior aggravated assault conviction qualifies as a “crime of violence,” so the Guidelines enhancement was proper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida aggravated assault is a "crime of violence" under U.S.S.G. § 4B1.2(a) | Kelly argued his prior Florida aggravated assault conviction should not be treated as a crime of violence and so should not trigger the § 2K2.1 enhancement | Government argued, relying on Eleventh Circuit precedent, that Florida aggravated assault qualifies as a crime of violence under the elements clause and/or commentary | Court held Kelly’s prior conviction qualifies as a crime of violence; enhancement affirmed |
Key Cases Cited
- Turner v. Warden, Coleman FCI (Medium), 709 F.3d 1328 (11th Cir. 2013) (Florida aggravated assault satisfies the elements clause as a violent felony)
- United States v. Golden, 854 F.3d 1256 (11th Cir. 2017) (applied Turner to § 4B1.2 and held prior-panel precedent controlling)
- United States v. Archer, 531 F.3d 1347 (11th Cir. 2008) (explaining the prior-panel-precedent rule)
- United States v. Estrada, 777 F.3d 1318 (11th Cir. 2015) (standard of review: de novo whether a prior conviction is a crime of violence)
- Descamps v. United States, 133 S. Ct. 2276 (2013) (addressing categorical approach issues relevant to predicate-offense analysis)
- Johnson v. United States, 135 S. Ct. 2551 (2015) (Supreme Court decision impacting residual-clause analysis)