Case: 13-14091   Date Filed: 07/03/2014   Page: 1 of 4


                                                        [DO NOT PUBLISH]



            IN THE UNITED STATES COURT OF APPEALS

                    FOR THE ELEVENTH CIRCUIT
                      ________________________

                            No. 13-14091
                        Non-Argument Calendar
                      ________________________

                  D.C. Docket No. 7:01-cr-00011-HL-2



UNITED STATES OF AMERICA,

                                                              Plaintiff-Appellee,

                                  versus

DONALD RAY CEASAR,

                                                         Defendant-Appellant.

                      ________________________

               Appeal from the United States District Court
                   for the Middle District of Georgia
                     ________________________

                              (July 3, 2014)

Before WILSON, JORDAN, and ANDERSON, Circuit Judges.

PER CURIAM:
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      Donald Ray Ceasar appeals from the district court’s imposition of a

27-month sentence following the revocation of his term of supervised release.

Mr. Ceasar argues that the district court erred in concluding that his underlying

conviction for possession of a firearm during a crime of violence, see 18 U.S.C.

§ 924(c)(1)(A)(ii), was a Class A felony for purposes of calculating his advisory

revocation Guidelines range. Specifically, he argues that § 924(c)(1)(A)(ii) should

be characterized as a Class B felony because the statute does not explicitly

authorize a life sentence.

      We review de novo the legality of a sentence imposed pursuant to the

revocation of a term of supervised release. United States v. Pla, 

,

1313 (11th Cir. 2003). Following a review of the record and the parties’ briefs, we

affirm.

      A defendant’s advisory guideline range following a revocation of supervised

release is generally determined based on the grade of the release violation and the

defendant’s underlying criminal history category.         See U.S.S.G. § 7B1.4(a).

Where a defendant commits a Grade A release violation, as Mr. Ceasar did, he

receives a higher guideline range if his underlying conviction was for a Class A

felony. See 

that is not specifically classified by a letter grade in the section

defining it, is classified [according to] the maximum term of imprisonment


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authorized.” 18 U.S.C. § 3559(a). The crime is considered a Class A felony where

the maximum penalty is death or life imprisonment, and a Class B felony where

the maximum term of imprisonment is 25 years or more. See § 3559(a)(1) & (2).

Although Congress did not specify a maximum sentence that may be imposed for a

violation of 18 U.S.C. § 924(c)(1)(A)(ii), providing instead that the defendant shall

“be sentenced to a term of imprisonment of not less than 7 years,” we have held

that the statutory maximum sentence for all subsections of § 924(c)(1)(A) is life

imprisonment. See United States v. Pounds, 

, 1319 (11th Cir. 2000).

“Every other Court of Appeals to address this issue has reached the same

conclusion.” United States v. McCollum, 548 F. App’x 65, 66-67 (3d Cir. 2013)

(collecting cases).

      Accordingly, because the “maximum term of imprisonment authorized”

under § 924(c)(1)(A) is life imprisonment, it is properly classified as a “Class A

felony” under 18 U.S.C. § 3559(a)(1). See also United States v. Cudjoe, 

, 1166 (10th Cir. 2011) (holding that an offense under §924(c)(1)(A)(i) is

“properly classified as a Class A felony” because “the sentencing range for a

violation of § 924(c)(1)(A)(i) extends to life imprisonment”); United States v.

Miles, 

, 1235-36 (5th Cir. 1991) (holding that crimes subject to a

minimum sentence of 15 years under 18 U.S.C. § 924(e)(1) are properly

characterized as Class A felonies under 18 U.S.C. § 3559).


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      Because the district court properly classified Mr. Ceasar’s underlying

offense under § 924(c)(1)(A)(ii) as a Class A felony, it committed no error in

calculating his advisory guideline range.

      AFFIRMED.




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