United States v. Michael Petite
703 F.3d 1290
| 11th Cir. | 2013Background
- Petite challenges his 188-month sentence enhanced under ACCA for felon-in- possession of a firearm.
- PSI treated Petite as armed career criminal due to three prior felonies, including Florida vehicle flight in 2006.
- Prior predicates: (1) robbery (1993), (2) sale of cocaine (1998), (3) fleeing and eluding law enforcement under Fla. Stat. § 316.1935(2) (2006).
- District court relied on Sykes v. United States to classify Florida vehicle flight as a violent felony for ACCA.
- Petite objected to the ACCA enhancement before and during sentencing; court overruled objections and imposed the minimum of the Guidelines.
- This Court reviews whether the Florida § 316.1935(2) vehicle flight is a violent felony under ACCA de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Florida §316.1935(2) vehicle flight qualify as a violent felony under ACCA? | Petite argues it is not a violent felony, citing Harrison (et al.). | Government relies on Sykes to classify it as violent under ACCA's residual clause. | Yes; simple vehicle flight qualifies as a violent felony. |
| Does Sykes abrogate Harrison so as to govern this case? | Harrison controls; Sykes cannot abridge it. | Sykes abrogates Harrison's reasoning on risk and kind. | Sykes abrogated Harrison; Harrison not dispositive. |
Key Cases Cited
- Sykes v. United States, 131 S. Ct. 2267 (2011) (vehicle flight poses serious risk; residual clause analysis guided by comparative risk)
- James v. United States, 550 U.S. 192 (2007) (categorical approach; risk comparison to enumerated offenses)
- Begay v. United States, 553 U.S. 137 (2008) (limits Begay's 'purposeful, violent, and aggressive' test to certain offenses)
- Chambers v. United States, 555 U.S. 122 (2009) (begay framework; residual clause interpretation)
- Harrison v. United States, 558 F.3d 1280 (11th Cir. 2009) (prior panel held Florida simple vehicle flight not a violent felony)
- Hudson v. United States, 673 F.3d 263 (4th Cir. 2012) (distinguishes state vehicle flight structures for ACCA purposes)
- Canty v. United States, 570 F.3d 1251 (11th Cir. 2009) (de novo review of ACCA violent felony question; objection timing at sentencing)