United States v. Shawn Dixon, 874 F.3d 678

Dixon pleaded guilty to being a felon in possession of a firearm and ammunition (18 U.S.C. § 922(g)(1)); PSI added two prior felonies to raise his base offense level under U.S.S.G. § 2K2.1(a)(2).
One prior conviction was Florida delivery of cocaine; the other was Florida domestic battery by strangulation (Fla. Stat. § 784.041(2)(a)).
The factual basis for the strangulation conviction: during a domestic dispute Dixon grabbed the victim’s neck, lifted her, said “If I can’t have you no one will,” and threw her through a bedroom door; the victim fled.
Dixon objected at sentencing, arguing the Florida strangulation statute could encompass nonviolent, de minimis touching and thus should not qualify as a "crime of violence" under the Guidelines’ elements clause.
The district court overruled the objection, concluded the statute requires conduct that necessarily involves violent force (capable of causing physical pain or injury), and sentenced Dixon to 70 months (bottom of the guideline range).
On appeal, the Eleventh Circuit reviewed de novo whether the Florida statute categorically qualifies as a "crime of violence" and affirmed the district court.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Florida domestic battery by strangulation categorically qualifies as a "crime of violence" under the Guidelines’ elements clause	Dixon: statute can criminalize nonviolent, de minimis touching that does not require violent force	Government/district court: statute requires knowingly impeding breathing or circulation so as to create a risk of or cause great bodily harm, which necessarily involves violent force	Affirmed: statute requires violent force and qualifies as a "crime of violence"

Curtis Johnson v. United States, 559 U.S. 133 (Sup. Ct. 2010) ("physical force" means violent force capable of causing pain or injury)
Moncrieffe v. Holder, 569 U.S. 184 (Sup. Ct. 2013) (categorical inquiry must remain within bounds of plausibility)
Gonzales v. Duenas-Alvarez, 549 U.S. 183 (Sup. Ct. 2007) (requires realistic probability, not theoretical possibility, that state would apply statute to non-qualifying conduct)
United States v. Vail-Bailon, 868 F.3d 1293 (11th Cir. 2017) (use of categorical approach under Guidelines; definition of physical force analysis)
United States v. McGuire, 706 F.3d 1333 (11th Cir. 2013) (ask whether statute plausibly covers nonviolent conduct)
United States v. Garcia-Martinez, 845 F.3d 1126 (11th Cir. 2017) (de novo review whether prior conviction is a "crime of violence")
United States v. Martin, 864 F.3d 1281 (11th Cir. 2017) (interpretations of ACCA/Guidelines elements clause are substantially the same)