Case: 15-14025     Date Filed: 08/26/2016   Page: 1 of 2


                                                               [DO NOT PUBLISH]

                IN THE UNITED STATES COURT OF APPEALS

                         FOR THE ELEVENTH CIRCUIT
                           ________________________

                                 No. 15-14025
                             Non-Argument Calendar
                           ________________________

                      D.C. Docket No. 1:15-cr-20152-JLK-1



UNITED STATES OF AMERICA,

                                                                  Plaintiff-Appellee,


                                       versus

DONTREY WILLIAMS,

                                                               Defendant-Appellant.

                           ________________________

                   Appeal from the United States District Court
                       for the Southern District of Florida
                         ________________________

                                 (August 26, 2016)

Before HULL, MARCUS, and MARTIN, Circuit Judges.

PER CURIAM:

      Dontrey Williams appeals his conviction for possession of a firearm by a

felon, in violation of 18 U.S.C. § 922(g)(1). He claims that his entry of a guilty
               Case: 15-14025     Date Filed: 08/26/2016    Page: 2 of 2


plea with “adjudication withheld” in Florida state court did not make him a “felon”

for § 922(g)(1). Whether a person is a “felon” for § 922(g)(1) “shall be determined

in accordance with the law of the jurisdiction in which the proceedings were held.”

A little over a year ago, this court certified to the Florida

Supreme Court the question of whether a guilty plea with adjudication withheld is

a “conviction” under Florida law. United States v. Clarke, 

, 1132

(11th Cir. 2015) (per curiam) (alteration omitted). This past February, the Florida

Supreme Court responded by ruling that “a guilty plea for a felony for which

adjudication was withheld does not qualify as a ‘conviction.’” Clarke v. United

States, 

, 1108 (Fla. 2016). This court then vacated a § 922(g)(1)

conviction that was based on a guilty plea in Florida state court where adjudication

was withheld. United States v. Clarke, 

, 1214–15 (11th Cir. 2016)

(per curiam). Williams’s § 922(g)(1) conviction was also based on a guilty plea in

Florida state court where adjudication was withheld. The government therefore

concedes that Williams’s “§ 922(g) conviction for being a felon in possession must

be vacated.” [R. Br. 8] We agree.

      VACATED AND REMANDED.




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