United States v. Michael Holmes
United States v. Michael Holmes
Opinion
Case: 17-15404 Date Filed: 05/29/2019 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-15404 ________________________ D.C. Docket No. 3:14-cr-00021-TJC-PDB-1
UNITED STATES OF AMERICA, Plaintiff - Appellee, versus MICHAEL HOLMES, Defendant - Appellant.
________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (May 29, 2019) Before WILSON, JILL PRYOR and TALLMAN, * Circuit Judges.
PER CURIAM:
* Honorable Richard C. Tallman, United States Circuit Judge for the Ninth Circuit, sitting by designation.
Case: 17-15404 Date Filed: 05/29/2019 Page: 2 of 3
The government charged Michael Homes by indictment with possession of firearms by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e), and possession with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). Holmes moved to suppress on Fourth Amendment grounds evidence that the government obtained when law enforcement conducted a knock-and-talk investigation at Holmes’s residence. The district court denied the motion to suppress. The court ruled that no Fourth Amendment violation occurred when law enforcement conducted the knock-and- talk because Holmes failed to revoke the implied license that allowed law enforcement to approach his residence and knock. After a bench trial, Holmes was found guilty. The district court enhanced Holmes’s sentence pursuant to the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), based in part on its ruling that his 1997 Georgia burglary conviction was for a violent felony.
On appeal, Holmes challenges the district court’s denial of his motion to suppress and its ruling that his Georgia burglary conviction was for a violent felony, qualifying him for an ACCA enhancement. After careful review and with the benefit of oral argument, we affirm the district court’s well-reasoned opinion denying Holmes’s motion to suppress. And we conclude, as Holmes concedes, that our decision in United States v. Gundy, 842 F.3d 1156 (11th Cir. 2016),
Case: 17-15404 Date Filed: 05/29/2019 Page: 3 of 3
forecloses his argument that his 1997 Georgia burglary conviction was not for a violent felony.
AFFIRMED.
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