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United States v. Aundrice Moss, 11th Cir. (2015)
United States v. Aundrice Moss, 11th Cir. (2015)
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Case: 14-12229
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Case: 14-12229
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Case: 14-12229
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II. Discussion
As he did before the district court, Defendant argues on appeal that his two
prior 893.13(1)(a) convictions do not qualify as ACCA-predicate serious drug
offense[s]. Defendant contends that, when applying the categorical approach, his
893.13(1)(a) convictions do not fit within the generic federal definition of a
serious drug offense because under Florida law, unlike federal law, the State is
not required to prove that the defendant had knowledge of the illicit nature of the
controlled substance he possessed. We review de novo whether a defendants prior
conviction qualifies as a predicate offense under the ACCA. United States v.
Smith, 742 F.3d 949, 952 (11th Cir. 2014).
Under the ACCA, a defendant convicted under 18 U.S.C. 922(g) is subject
to a mandatory minimum, 15-year sentence if he has three prior convictions for a
violent felony or serious drug offense. 18 U.S.C. 924(e)(1). A serious drug
offense is defined as (i) an offense under the Controlled Substances Act, . . . or
(ii) an offense under State law, involving manufacturing, distributing, or
possessing with intent to manufacture or distribute, a controlled substance . . . for
which a maximum term of imprisonment of ten years or more is prescribed by
law[.] 18 U.S.C. 924(e)(2)(A)(i), (ii).
Defendants argument that his 893.13(1)(a) conviction for possessing
cocaine with the intent to sell or deliver is not a serious drug offense under the
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ACCA is squarely foreclosed by this Courts recent precedent. See United States
v. Smith, __ F.3d __, 2014 WL 7250963, at *5 (11th Cir. Dec. 22, 2014) (holding
that a conviction under 893.13(1) is a serious drug offense as defined in 18
U.S.C. 924(e)(2)(A)). We are bound by prior panel decisions unless or until we
overrule them while sitting en banc, or they are overruled by the Supreme Court.
United States v. Jordan, 635 F.3d 1181, 1189 (11th Cir. 2011). Accordingly, we
affirm Defendants 180-month sentence.
AFFIRMED.