Case: 17-14290 Date Filed: 08/07/2019 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 17-14290
Non-Argument Calendar
________________________
D.C. Docket Nos. 1:16-cv-22455-DLG,
1:05-20664-DLG-1
CEDRICK PONDER,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(August 7, 2019)
Before MARCUS, JORDAN, and ROSENBAUM, Circuit Judges.
PER CURIAM:
Cedrick Ponder appeals the district court’s denial of his authorized second or
successive 28 U.S.C. § 2255 motion to vacate his sentence for being a felon in
Case: 17-14290 Date Filed: 08/07/2019 Page: 2 of 2
possession of a firearm in violation of 18 U.S.C. § 922(g)(1). Mr. Ponder argues
that the sentence—which was enhanced to a mandatory minimum 15 years pursuant
to the Armed Career Criminal Act (ACCA), see 18 U.S.C. § 924(g)(1)—is
unconstitutional under Johnson v. United States,
135 S. Ct. 2551 (2015). After the
district court denied his motion, but before briefing in this appeal commenced, we
issued Beeman v. United States,
871 F.3d 1218 (11th Cir. 2017), which established
a § 2255 movant’s burden when seeking relief under Johnson.
Assuming that Mr. Ponder could satisfy the requirements of Beeman, we
affirm the denial of § 2255 relief. We have held that both Florida aggravated assault
and Florida robbery—Mr. Ponder’s two unchallenged convictions—satisfy the
ACCA’s elements clause. See Turner v. Warden Coleman FCI (Medium),
709 F.3d
1328, 1337–39 (11th Cir. 2013): United States v. Lockley,
632 F.3d 1238, 1246 (11th
Cir. 2011). See also Stokeling v. United States,
139 S. Ct. 544, 555 (2019) (holding
that Florida robbery satisfies the ACCA’s elements clause). As Mr. Ponder
concedes, these cases constitute binding precedent for this panel. Accordingly, we
affirm.
AFFIRMED.
2
