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United States v. Davier Diaz
684 F. App'x 887
| 11th Cir. | 2017
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Docket

*1 Before MARCUS, WILLIAM PRYOR and FAY, Circuit Judges.

PER CURIAM:

Case: 16-10349 Date Filed: 04/10/2017 Page: 2 of 2 Davier Diaz appeals his sentence of imprisonment for 80 months following his guilty plea to being a felon in possession of a firearm, 18 U.S.C. § 922(g)(1). Diaz contends that the district court erred in calculating his sentencing range when it relied on the residual clause of section 4B1.2(a) of the Sentencing Guidelines to conclude that his prior convictions in Florida of burglary of an unoccupied dwelling qualified as crimes of violence. He argues that the residual clause of section 4B1.2(a)(2) is unconstitutionally vague. We affirm.

The district court committed no error. Diaz’s argument is foreclosed by the recent decision of the Supreme Court in Beckles v. United States , 137 S. Ct. 886, 890 (2017), and our earlier decision in United States v. Matchett , 802 F.3d 1185, 1194‒95 (11th Cir. 2015). In Beckles , the Supreme Court affirmed this Court and ruled, as we had in Matchett , that the residual clause of section 4B1.2(a)(2) was not unconstitutionally vague because the Sentencing Guidelines are not subject to challenges for vagueness under the Due Process Clause of the Fifth Amendment. Beckles , 137 S. Ct. at 890, 895. In Matchett , we also determined that a prior conviction for burglary of an unoccupied dwelling under Florida law, Fla. Stat. § 810.02(1)(b), (3)(b), was a “crime of violence” under the residual clause of section 4B1.2(a)(2). 802 F.3d at 1196‒97. We affirm Diaz’s sentence.

AFFIRMED.

2

Case Details

Case Name: United States v. Davier Diaz
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Apr 10, 2017
Citation: 684 F. App'x 887
Docket Number: 16-10349 Non-Argument Calendar
Court Abbreviation: 11th Cir.
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