Case: 14-15596 Date Filed: 04/09/2020 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-15596
________________________
D.C. Docket No. 0:14-cr-60080-JEM-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JESSE LEWIS,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 9, 2020)
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before JILL PRYOR, MARCUS and SILER, * Circuit Judges.
PER CURIAM:
*
The Honorable Eugene E. Siler, Jr., Senior United States Circuit Judge for the Sixth
Circuit, sitting by designation.
Case: 14-15596 Date Filed: 04/09/2020 Page: 2 of 2
This case returns to us on remand from the Supreme Court of the United
States. The Supreme Court vacated this Court’s judgment and remanded for
further consideration in light of United States v. Davis,
139 S. Ct. 2319 (2019).
The parties have filed supplemental briefs following remand. They agree
that Lewis’s conviction on Count 3, for using, carrying, possessing, and
brandishing a firearm during and in relation to a crime of violence, 18 U.S.C.
§ 924(c), should be vacated. The predicate “crime of violence”—sex trafficking
by force, violence, or coercion, in violation of 18 U.S.C. § 1591(a)—no longer
qualifies as such in light of Davis. This error, which Davis made plain, affected
Lewis’s substantial rights and seriously affects the fairness, integrity, or public
reputation of the judicial proceedings. We therefore vacate Lewis’s conviction on
Count 3 and remand to the district court for further proceedings consistent with the
opinion of the Supreme Court in Davis.
In all other respects, we affirm Lewis’s convictions and sentence for the
reasons stated in our prior opinion.
AFFIRMED IN PART; VACATED IN PART; REMANDED.
2
