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Robinson v. United States, 10-12289 (2011)

Court: Court of Appeals for the Eleventh Circuit Number: 10-12289 Visitors: 16
Filed: Sep. 29, 2011
Latest Update: Feb. 22, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT SEP 29, 2011 No. 10-12289 JOHN LEY CLERK Non-Argument Calendar _ D. C. Docket Nos. 8:10-cv-00916-RAL-MAP 8:04-cr-00067-RAL-MAP-2 LEE CURTIS ROBINSON, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. _ Appeal from the United States District Court for the Middle District of Florida _ (September 29, 2011) Before CARNES, WILSON and BLACK, Circuit J
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                                                              [DO NOT PUBLISH]


               IN THE UNITED STATES COURT OF APPEALS
                                                                     FILED
                        FOR THE ELEVENTH CIRCUIT   U.S. COURT OF APPEALS
                          ________________________   ELEVENTH CIRCUIT
                                                                  SEP 29, 2011
                                 No. 10-12289                      JOHN LEY
                                                                     CLERK
                             Non-Argument Calendar
                           ________________________

                  D. C. Docket Nos. 8:10-cv-00916-RAL-MAP
                          8:04-cr-00067-RAL-MAP-2

LEE CURTIS ROBINSON,

                                                               Petitioner-Appellant,

                                       versus

UNITED STATES OF AMERICA,

                                                              Respondent-Appellee.

                           ________________________

                   Appeal from the United States District Court
                       for the Middle District of Florida
                        _________________________

                               (September 29, 2011)

Before CARNES, WILSON and BLACK, Circuit Judges.

PER CURIAM:

      Lee Curtis Robinson, a federal prisoner, appeals pro se the dismissal of his

pro se 28 U.S.C. § 2255 motion to vacate his sentence.
      In his § 2255 motion, Robinson contended that it was error for the district

court to have considered him a career offender for sentencing purposes. To be

considered a career offender, a defendant must have had “at least two prior felony

convictions of either a crime of violence or a controlled substance offense.”

U.S.S.G. § 4B1.1(a). Robinson conceded that one of his prior convictions on

which the district court had previously relied qualified as a predicate felony offense

under § 4B1.1(a), but argued that his other four prior convictions no longer

qualified as “crime[s] of violence.” See U.S.S.G. § 4B1.2(a). One of the

convictions that Robinson challenged was a conviction for resisting arrest with

violence under Florida Statute 843.01.

      We have recently held, however, that a prior conviction for resisting arrest

with violence under Florida Statute 843.01 is categorically a “violent felony” under

the Armed Career Criminal Act. United States v. Nix, 
628 F.3d 1341
, 1342 (11th

Cir. 2010). We have also held that because the definitions of “violent felony”

under ACCA and “crime of violence” under § 4B1.2(a) are virtually identical, we

consider cases interpreting one as authority in cases interpreting the other. United

States v. Alexander, 
609 F.3d 1250
, 1253 (11th Cir.2010). Robinson’s prior

conviction under Florida law for resisting arrest with violence is thus a “crime of

violence” under § 4B1.2(a)(2). Because Robinson still has at least two qualifying



                                          2
prior convictions under § 4B1.1(a), the district court did not err in denying his §

2255 motion.

      AFFIRMED.




                                           3

Source:  CourtListener

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