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US v. Nix, No. 09-15335

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By FindLaw Staff on January 03, 2011 2:42 PM

Firearm Possession Sentence Affirmed

In US v. Nix, No. 09-15335, the court affirmed defendant's sentence for possession of a firearm by a convicted felon where defendant's prior Fla. Stat. section 843.01 conviction constituted a violent felony under 18 U.S.C. section 924(e)(2)(B)(ii).

 

As the court wrote:  "Anthony Nix pled guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and the district court sentenced him as an armed career criminal to prison for 180 months, the minimum sentence permitted by statute, the Armed Career Criminal Act, 18 U.S.C. § 924(e). He now appeals his sentence, arguing that two of the three convictions the district court used to qualify him an armed career offender do not qualify as violent felonies under the § 924(e):  (1) resisting an arresting officer with violence, in violation of Fla. Stat. § 843.01, and (2) fleeing and eluding at high speed, in violation of Fla. Stat. § 316.1935(3)."

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