United States v. Travis Lamont Smith
775 F.3d 1262
| 11th Cir. | 2014Background
- Smith pleaded guilty to possession of a firearm by a convicted felon; district court designated him an Armed Career Criminal based on Florida drug convictions.
- Nunez pleaded guilty to firearm by felon and multiple drug-distribution counts; district court designated him a career offender based on Florida drug convictions.
- Smith’s prior Florida offenses included possession of marijuana with intent to sell near a school/church and cocaine offenses; court counted them as serious drug offenses under 18 U.S.C. § 924(e)(2)(A)(ii).
- Nunez’s Florida offenses included possession with intent to sell marijuana and cocaine; court counted them as controlled substance offenses under U.S.S.G. § 4B1.2(b).
- Smith argued Fifth and Sixth Amendment violations and reliance on Alleyne, but the court held prior convictions may be used for enhancement per Almendarez-Torres.
- The appellate panel affirmed both sentences, holding the statutory definitions of serious drug offense and controlled substance offense do not require mens rea regarding illicit substances.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May prior convictions support a mandatory minimum under Almendarez-Torres? | Smith | Smith | Yes; Almendarez-Torres exception applies |
| Do Florida § 893.13(1) offenses qualify as serious drug offenses? | Smith | Smith | Yes |
| Do Florida § 893.13(1) offenses qualify as controlled substance offenses? | Nunez | Nunez | Yes |
| Is the issue preserved for review, and which standard applies? | Smith/Nunez | Smith/Nunez | No reversible error; not essential to decide standard |
Key Cases Cited
- Almendarez-Torres v. United States, 523 U.S. 224 (U.S. 1998) (prior convictions exception to indictment constraints)
- United States v. Gibson, 434 F.3d 1234 (11th Cir. 2006) (prior convictions may be used for enhancements)
- Alleyne v. United States, 133 S. Ct. 2151 (U.S. 2013) (mandatory enhancements require jury finding for elements)
- United States v. Harris, 741 F.3d 1245 (11th Cir. 2014) (Almendarez-Torres survives Alleyne in this context)
- Donawa v. United States, 735 F.3d 1275 (11th Cir. 2013) (Florida 893.13(1) analogue to federal drug offenses)
- Young v. United States, 936 F.2d 533 (11th Cir. 1991) (prior precedents on controlled substance offense definitions)