United States v. Williams

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT COURT OF APPEALS
U.S.
________________________ ELEVENTH CIRCUIT
AUG 18, 2011
No. 10-14877 JOHN LEY
Non-Argument Calendar CLERK
________________________
D.C. Docket No. 8:09-cr-00457-SCB-AEP-1
UNITED STATES OF AMERICA,
llllllllllllllllllllllllllllllllllllllll Plaintiff-Appellee,
versus
SHAWN EDWARD WILLIAMS,
a.k.a. Sean Williams,
a.k.a. Shaun E. Williams,
a.k.a. Shaun Williams,
llllllllllllllllllllllllllllllllllllllll Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(August 18, 2011)
Before CARNES, MARTIN and ANDERSON, Circuit Judges.
PER CURIAM:
Shawn Williams appeals his 188-month total sentence for being a felon in
possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1), and
possession of an unregistered firearm, in violation of 26 U.S.C. §§ 5841, 5861(d),
and 5871. On appeal, Williams’ sole contention is that the district court erred in
concluding that his prior Florida conviction for resisting an officer with violence
constituted a predicate “violent felony” for purposes of applying the Armed Career
Criminal Act, 18 U.S.C. § 924(e) (ACCA). That contention is foreclosed by our
decision in United States v. Nix, 628 F.3d 1341, 1342 (11th Cir. 2010), which is
directly on point going the other way.
Williams’ argument that the Supreme Court’s decision in Sykes v. United
States, 131 S.Ct. 2267 (2011), overruled our Nix decision is unpersuasive. In the
Sykes case, the Supreme Court held that the Indiana crime of knowing and
intentional flight from a law enforcement officer was indeed a “violent felony” for
ACCA purposes. That holding is entirely consistent with our holding in Nix that a
Florida conviction for resisting an officer is a “violent felony” for ACCA
purposes.
AFFIRMED.
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