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United States v. Glenton Anthony Peterkin
686 F. App'x 718
| 11th Cir. | 2017
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Docket

*1 Before HULL, WILSON, and JORDAN, Circuit Judges.

PER CURIAM:

Glenton Peterkin argues that the district court erred by using two Florida convictions to enhance his sentence for being a career offender under U.S.S.G.

Case: 15-15378 Date Filed: 04/24/2017 Page: 2 of 2

§ 4B1.2. But the arguments are squarely foreclosed by this Court’s prior published opinions. Mr. Peterkin’s career offender enhancement is unaffected by the Supreme Court’s decision in Johnson v. United States , __ U.S. __, 135 S. Ct. 2551 (2015), because vagueness principles do not apply to the advisory Sentencing Guidelines. See Beckles v. United States , __ U.S. __, 137 S. Ct. 886, 890 (2017); United States v. Matchett , 802 F.3d 1185, 1190 (11th Cir. 2015). And his Florida convictions that supported the enhancement—for robbery (Fla. Stat. § 812.13(1)) and aggravated assault (Fla. Stat. § 784.021)—remain qualifying predicates under § 4B1.2. See United States v. Lockley , 632 F.3d 1238, 1240–46 (11th Cir. 2011) (robbery conviction under § 812.13(1) qualifies as crime of violence); Turner v. Warden Coleman FCI (Medium) , 709 F.3d 1328, 1332 (11th Cir. 2013) (aggravated assault conviction under § 784.021 qualifies as crime of violence).

AFFIRMED.

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Case Details

Case Name: United States v. Glenton Anthony Peterkin
Court Name: Court of Appeals for the Eleventh Circuit
Date Published: Apr 24, 2017
Citation: 686 F. App'x 718
Docket Number: 15-15378 Non-Argument Calendar
Court Abbreviation: 11th Cir.
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