United States v. Willie Dixon
Opinion
The government appeals Willie Dixon’s 27-month sentence, imposed after he pled guilty to being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). The district court held that Dixon’s prior conviction for burglary of an unoccupied dwelling under Fla. Stat. § 810.02(3)(b) was not a “crime of violence” within the meaning of U.S.S.G. § 4B1.2(a)(2) and thus could not be used to calculate Dixon’s base level offense under U.S.S.G. § 2K2.1. The government challenges this finding, asserting Dixon’s burglary conviction is a crime of violence under the “residual clause” of U.S.S.G. § 4B1.2(a)(2). In response, Dixon argues the residual clause is unconstitutionally vague and, even if the clause is constitutional, the conviction is not a crime of violence under the clause.
We recently addressed this exact issue in United States v. Matchett, 802 F.3d 1185 (11th Cir. 2015). Matchett held the residual clause of U.S.S.G. § 4B1.2(a)(2) is constitutional and that burglary of an unoccupied dwelling under Fla. Stat. § 810.02(3)(b) falls within the scope of the clause. 1 Matchett, 802 F.3d at 1195-97. *893 Accordingly, the district court erred in finding Dixon’s burglary conviction was not a crime of violence under U.S.S.G. § 4B1.2(a)(2). We therefore vacate Dixon’s sentence and remand for proceedings consistent with this opinion.
VACATED AND REMANDED.
. In Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), the Supreme Court held the residual clause of the Armed Career Criminal Act (ACCA) is uncon *893 stitutionally vague. We interpret the ACCA’s residual clause "in the same manner as we interpret” the residual clause in U.S.S.G. § 4B 1.2(a)(2). Matchett, 802 F.3d at 1193-94. As such, relying on Johnson, the defendant in Matchett argued the residual clause of U.S.S.G. § 4B 1.2(a)(2) is unconstitutional. We rejected this argument. Matchett, 802 F.3d at 1195-96.
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff-Appellant, v. Willie DIXON, A.K.A. Smack, Defendant-Appellee
- Status
- Unpublished