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U.S. v. CANTY

No. 08-10659.

570 F.3d 1251 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Myron Christopher CANTY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 11, 2009.

Attorney(s) appearing for the Case

John L. Badalamenti, Fed. Pub. Def., Tampa, FL, Donna Lee Elm, Fed. Pub. Def., James T. Skuthan, Acting Fed. Pub. Def., Orlando, FL, Lisa Call, Fed. Pub. Def., Jacksonville, FL, for Canty.

Patricia D. Barksdale, Jacksonville, FL, for U.S.

Before CARNES, HULL and COX, Circuit Judges.

COX, Circuit Judge:

We consider in this appeal whether a defendant's sentence was properly enhanced pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e) ("the ACCA" or "the statute"). We hold that, pursuant to recent decisions of the Supreme Court and this court, convictions for carrying a concealed firearm should not be treated as violent felonies under the statute. And, concluding that the record does not support a finding of three violent felonies...

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