Eleventh Circuit - Categorical Approach

United States v. Oliver, 962 F.3d 1311 (11th Cir. 2020). Georgia terroristic threats is a divisible statute and is a violent felony under § 924(e) when the threat predicating the conviction is “a threat to commit any crime of violence.”

United States v. Kushmaul, 984 F.3d 1359 (11th Cir. 2021). The court did not plainly err in ruling that Florida promoting the sexual performance of a child was a conviction relating to aggravated sexual abuse, sexual abuse, or abusive sexual conduct involving a minor or ward, triggering an increase in the statutory mandatory minimum penalty for distributing child pornography.

United States v. Williams, 985 F.3d 813 (11th Cir. 2021). The court of appeals denied the defendant’s motion under 28 U.S.C. § 2255 to vacate his bank robbery sentence. In finding that his prior federal kidnapping conviction was a violent felony under the Armed Career Criminal Act, the sentencing judge could have relied on the force clause of the violent felony definition, and not on the unconstitutionally vague residual clause.

United States v. Coats, 8 F.4th 1228 (11th Cir. 2021). Georgia party to a burglary, in violation of O.C.G.A. § 16-7-1, is a violent felony under the ACCA. The “party to a crime” statute requires an affirmative act to facilitate the underlying offense of burglary, which is as a violent felony.

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