Sign In
Events
Search

Close

Close Search

SEARCH
MY LAW.COMNEW

United States v. Harris

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
[PUBLISH]

Before MARCUS and HILL, Circuit Judges, and VOORHEES,*fn1 District Judge.

Anthony Harris appeals the district court’s application of the U.S.S.G. § 2K2.1(a)(4)(A) career offender enhancement to his sentence for being a felon in possession of a firearm. He argues that his prior felony conviction under Fla. Stat. § 316.1935(3)(a) for willfully fleeing or eluding a police officer at high speed or with wanton disregard for the safety of persons or property should not qualify as a “crime of violence,” as defined by U.S.S.G. § 4B1.2. Harris claims more specifically that under the framework announced by the Supreme Court in Begay v. United States, 128 S.Ct. 1581 (2008), eluding the police does not constitute “purposeful, violent and aggressive conduct,” id. at 1586-87, and, therefore, cannot form a predicate offense for the career offender sentence enhancement. However, application of the framework explained by the Supreme Court in Begay, as well as its holdings in James v. United States, 550 U.S. 192 (2007), and Chambers v. United States, 129 S.Ct. 687 (2009), yields the conclusion that a conviction under Section 316.1935(3)(a) of Florida’s penal code qualifies as a “crime of violence” for Section 2K2.1(a)(4)(A) purposes, and, accordingly, we affirm.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Do you know how much impact your search engine rankings have on your law firm? Check out this guide for 23 practical tips you can implement today to improve your firm’s SEO and start bringing in highly qualified leads.

23 SEO Tips to Acquire Clients for Your Law Firm in 2023

Brought to you by Sage Marketing Solutions
Download Now
Is your firm feeling inflation pressures? Download this white paper for ideas about how your firm can leverage technology to combat the impacts of inflation and drive profitability in times of economic uncertainty.

The Currency of Technology: How Winning Law Firms Are Battling Rising Inflation

Brought to you by Speech Processing Solutions USA Inc.
Download Now
Are you ready to take your practice to the next level, or perhaps you’re realizing there is more to litigation than your JD program taught? This white paper explores why getting your LL.M. in trial advocacy is an investment in your future and outlines how it can benefit your craft.

7 Reasons to Get Your LL.M. in Trial Advocacy

Brought to you by Temple University Beasley School of Law
Download Now
Go to Resources

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center

Legalweek Leaders in Tech Law Awards 2023

March 20, 2023
New York

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

Legalweek New York 2023

March 20, 2023 - March 23, 2023
New York, NY

Legalweek New York explores Business and Regulatory Trends, Technology and Talent drivers impacting law firms.


Learn More

GlobeSt. Multifamily Spring 2023

March 27, 2023 - March 28, 2023
Miami, FL

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
Go to Events Go to Webcasts

Labor and Employment - Associate


Cozen O Connor is seeking an associate with at least three years of experience defending clients in employment litigation matters to join th...


Apply Now ›

ATTORNEY ASSOCIATE - DIVORCE/FAMILY LAW- NEW YORK


Busy and growing general practice seeks NY admitted associate, with 3+ years experience in divorce/family law. The ideal candidate will be a...


Apply Now ›

REAL ESTATE LITIGATION ATTORNEY


Boutique downtown Manhattan firm seeking an experienced litigation associate with experience in landlord-tenant and real estate litigation. ...


Apply Now ›
Go to Lawjobs

SNYDER SARNO D'ANIELLO MACERI & DACOSTA

03/13/2023
NJLJ Web

Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...


View Announcement ›

COLE SCHOTZ P.C.

03/13/2023
NJLJ Web

COLE SCHOTZ P.C. WELCOME HONORABLE GARRY S. ROTHSTADT, J.A.D. (RET.)


View Announcement ›

GREENBAUM ROWE SMITH & DAVIS LLP

03/13/2023
NJLJ Web

GREENBAUM ROWE SMITH & DAVIS LLP would like to announce that...


View Announcement ›
Go to Professional Announcements

Legal Newswire

Offering an Opportunity of a Lifetime for Personal Injury Lawyers
Cimplifi Launches AI-Powered CALM Managed Services Practice and Contract Revie...
Tamarra Matthews Johnson Rejoins Wilkinson Stekloff as Partner
CourtAlert Announces Expedited Docketing Implementation with Discounted Pricing ...
Submit a press release