United States v. Thomas Tubbs

U.S. Court of Appeals for the Fifth Circuit
United States v. Thomas Tubbs, 446 F. App'x 705 (5th Cir. 2011)
Benavides, Dennis, Per Curiam, Southwick

United States v. Thomas Tubbs

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Thomas Madison Tubbs 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 and the judgment of the district court is AFFIRMED.

*

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm.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

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee v. Thomas Madison TUBBS, Defendant-Appellant
Status
Unpublished