United States v. Randy Bernard Bragg ( 2017 )

Case: 17-11913 Date Filed: 08/04/2017 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
_______________________
No. 17-11913
Non-Argument Calendar
_______________________
D.C. Docket No. 5:00-cr-00037-LJA-CHW-1
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
versus
RANDY BERNARD BRAGG,
Defendant – Appellant.
_______________________
Appeals from the United States District Court
for the Middle District of Georgia
_______________________
(August 4, 2017)
Before MARCUS, JORDAN, and JILL PRYOR, Circuit Judges.
PER CURIAM:
Following the Surpeme Court’s decision in Johnson v. United States, 135 S.
Ct. 2551 (2015), the district court vacated Randy Bragg’s 210-month sentence,
Case: 17-11913 Date Filed: 08/04/2017 Page: 2 of 2
which had been imposed under the Armed Career Criminal Act, 18 U.S.C. §
924(e). Because the ACCA no longer applied to Mr. Bragg, his maximum
statutory sentence for violating 18 U.S.C. § 922(g) was 10 years, and his advisory
guideline range was 57-71 months.
By the time of the resentencing hearing, Mr. Bragg had served
approximately 198 months in prison – 78 months more than his maximum 10-year
sentence. So both Mr. Bragg and the government asked the district court to impose
a sentence at or below the 10-year maximum. The government told the district
court that a sentence of time served (i.e., 198 months) would be illegal because it
would exceed the 10-year maximum.
The district court varied upward and imposed a sentence of time served.
Because Mr. Bragg had served approximately 198 months in prison, the time-
served sentence exceeded the 10-year maximum and constituted reversible error.
We therefore vacate Mr. Bragg’s sentence and remand for resentencing. See, e.g.,
United States v. Sanchez, 586 F.3d 918, 930 (11th Cir. 2009) (holding that sentence
exceeding statutory maximum constituted plain error and required vacator). The
district court shall impose a sentence at or below the 10-year statutory maximum.
VACATED AND REMANDED.
2