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U.S. v. SMITH

No. 12-14842 Non-Argument Calendar.

742 F.3d 949 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Flornoy SMITH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 11, 2014.

Attorney(s) appearing for the Case

Wifredo A. Ferrer , Lisa Tobin Rubio , Kathleen Mary Salyer , Seth Michael Schlessinger , Anne Ruth Schultz , U.S. Attorney's Office, Miami, FL, for Plaintiff-Appellee.

Samuel J. Randall , Kenny Nachwalter, PA, Michael Caruso , Federal Public Defender, Federal Public Defender's Office, Miami, FL, for Defendant-Appellant.

Before CARNES, Chief Judge, TJOFLAT and PRYOR, Circuit Judges.

ON REMAND FROM THE UNITED STATES SUPREME COURT

PRYOR, Circuit Judge:

This appeal on remand from the Supreme Court requires us to decide whether fleeing and eluding a law enforcement officer, Fla. Stat. § 316.1935(2), is categorically a violent felony under the Armed Career Criminal Act, 18 U.S.C. § 924(e). We previously affirmed Flornoy Smith's enhanced sentence on the ground that his prior conviction in a Florida court for fleeing and eluding...

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