United States v. Marcus Chatman

U.S. Court of Appeals for the Eleventh Circuit
United States v. Marcus Chatman, 610 F. App'x 942 (11th Cir. 2015)

United States v. Marcus Chatman

Opinion

PER CURIAM:

Marcus Chatman appeals his 180-month prison sentence, imposed after a jury convicted him of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Chatman argues the district court erred by sentencing him under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e) and U.S.S.G. § 4B 1.4(a), based on his prior convictions for possession with intent to sell cocaine, in violation of Florida Statutes § 893.13(1). Chatman contends his prior § 893.13 convictions do not qualify as ACCA-predicate “serious drug offense[s]” under § 924(e)(2)(A)(ii) because they lack a mem rea requirement. 1 Chatman’s sole argument on appeal is foreclosed by United States v. Smith, 775 F.3d 1262, 1264, 1267-68 (11th Cir. 2014), which held convictions for possession with intent to sell a controlled substance, in violation of § 893.13(1), qualify as “serious drug offense[s]” under § 924(e)(2)(A)(ii). We therefore affirm.

AFFIRMED.

1

. We review de novo whether a prior conviction qualifies as an ACCA "serious drug offense.” United States v. Robinson, 583 F.3d 1292, 1294 (11th Cir. 2009).

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Marcus CHATMAN, Defendant-Appellant
Cited By
1 case
Status
Unpublished