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U.S. v. OWENS

No. 09-13118.

672 F.3d 966 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher Dwayne OWENS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 27, 2012.

Attorney(s) appearing for the Case

Patricia Vanessa Kemp , Fed. Pub. Def., Montgomery, AL, Michael John Petersen , Fed. Pub. Def., Petersen Law Office, Millbrook, AL, for Defendant-Appellant.

Sandra J. Stewart , Matthew W. Shepherd , Montgomery, AL, for Plaintiff-Appellee.

Before DUBINA, Chief Judge, COX, Circuit Judge, and GOLDBERG, Judge.

DUBINA, Chief Judge:

In this case we are called upon to determine if convictions for second degree rape and second degree sodomy under Alabama law are violent felonies under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e), as defined by the Supreme Court in Johnson v. United States, ___ U.S. ___, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010). We conclude that neither offense qualifies as a violent felony. Accordingly...

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