U.S. Court of Appeals for the Fifth Circuit, 2011

United States v. Thomas Garrison

United States v. Thomas Garrison
U.S. Court of Appeals for the Fifth Circuit · Decided August 16, 2011 · Higginbotham, Clement, Elrod
438 F. App'x 287

United States v. Thomas Garrison

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Thomas Jonathan Garrison presents arguments that he concedes are foreclosed by United States v. Harrimon, 568 F.3d 531 (5th Cir. 2009), which held that the Texas state offense of evading arrest or detention by use of a vehicle is a violent felony under the Armed Career Criminal Act (ACCA). Recently, the Supreme Court validated our decision in Harrimon by holding that a conviction under Indiana’s felony vehicle flight law constituted a violent felony under the ACCA. See Sykes v. United States, — U.S.-, 131 S.Ct. 2267, 2277, 180 L.Ed.2d 60 (2011).

Accordingly, the Government’s motion for summary affirmance is GRANTED, its alternative motion for an extension of time to file a brief is DENIED as unnecessary, and the judgment of the district court is AFFIRMED.

*

Pursuant to 5th Cir R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir R. 47.5.4.

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