United States v. Winex Eugene
423 F. App'x 908
11th Cir.2011Background
- Winex Eugene pled guilty to distribution of 5 grams or more of cocaine, carrying a firearm in relation to a drug trafficking crime, and possessing firearms as a felon.
- Two Florida prior felonies — felony battery and strong arm robbery — were used to classify him as a career offender under USSG § 4B1.1(a).
- The district court treated these prior offenses as crimes of violence, increasing his guideline range from 188–235 months to 262–327 months, and sentenced him to 262 months.
- Eugene appealed, challenging whether Florida batteries qualify as crimes of violence under the guidelines and waiving other issues by plea agreement.
- The government argued the waiver forecloses the strong arm robbery issue, and the court agreed regarding waiver, but proceeded to address the felony battery issue.
- This court ultimately held that Florida felony battery under Fla. Stat. § 784.041 is a crime of violence, affirming the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Florida felony battery is a crime of violence | Eugene argues battery is not a crime of violence under the guidelines | The government contends battery is a crime of violence | Felony battery is a crime of violence; sentence affirmed |
| Whether the sentencing appeal waiver is valid and precludes the challenged issue | Eugene did not knowingly waive all appeal rights | Waiver was knowingly and voluntarily given and covers scope | Waiver valid; strong arm robbery issue dismissed as waived |
| Whether the waiver excludes the felony battery ruling from exception | Battery issue falls outside waiver and should be reviewed | Battery issue falls within waiver's scope | Battery issue preserved; reviewed de novo and decided in Eugene's favor |
Key Cases Cited
- Johnson v. United States, 130 S. Ct. 1265 (2010) (Florida simple battery not necessarily a violent felony under ACCA)
- United States v. Alexander, 609 F.3d 1250 (11th Cir. 2010) (uses ACCA and guideline interpretations interchangeably)
- United States v. Harris, 608 F.3d 1222 (11th Cir. 2010) (defines physical force for crime-of-violence analysis)
- United States v. Harris, 586 F.3d 1283 (11th Cir. 2009) (reiterates de novo review of crime-of-violence determination)