461 F. App'x 854
11th Cir.2012Background
- Sanders was sentenced to 100 months for conspiracy to possess with intent to distribute cocaine base.
- District court held Sanders’s Florida conviction for resisting an officer with violence (Fla. Stat. § 843.01) was not a crime of violence for § 4B1.1 career-offender purposes.
- Government appeals, arguing § 843.01 qualifies as a crime of violence under § 4B1.2 and that Nix controls.
- Supreme Court guidance and circuit precedent on violent felonies versus residual clauses influenced the ruling.
- Court notes the sentencing judge lacked the benefit of Nix and Hayes at the time of sentencing.
- This court vacates and remands for resentencing in light of Nix.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Fla. § 843.01 a crime of violence under § 4B1.2? | Sanders’s status challenged; government argues it is a crime of violence. | Sanders maintains it is not a crime of violence under § 4B1.2. | Remand for resentencing; issue controlled by Nix. |
| Does Nix compel a reversal here? | Nix binds on whether § 843.01 is a violent felony. | Sanders argues Nix’s reasoning may be undermined by newer Supreme Court cases. | We are bound by Nix and vacate the district court judgment. |
| Should the case be remanded for resentencing rather than reinstate the sentence here? | Remand appropriate to reapply § 4B1.2 analysis. | Not necessary if the issue is resolved; Sanders seeks appropriate remedy. | Vacate and remand for resentencing. |
Key Cases Cited
- United States v. Nix, 628 F.3d 1341 (11th Cir. 2010) (construes Fla. § 843.01 as a violent felony under ACCA residual clause)
- Hayes, 409 F. App’x 277 (11th Cir. 2010) (supports Nix’s reasoning on § 843.01 as violent felony)
- United States v. Kaley, 579 F.3d 1246 (11th Cir. 2009) (discusses stare decisis in precedents)
- Garrett v. Univ. of Ala. at Birmingham Bd. of Trs., 344 F.3d 1288 (11th Cir. 2003) (precedent preservation of prior panel decisions absent overruling authority)
- United States v. Vega-Castillo, 540 F.3d 1235 (11th Cir. 2008) (explains limits on overruling prior appellate decisions)