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U.S. v. SMITH

Nos. 13-15227, 13-15133, 14-10075.

775 F.3d 1262 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Travis Lamont SMITH, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jose G. Nunez, a.k.a. Gordo, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 22, 2014.

Attorney(s) appearing for the Case

Harriett Galvin , Kathleen Mary Salyer , Wifredo A. Ferrer , James Vincent Hayes , Laura Thomas Rivero , Arimentha R. Walkins , U.S. Attorney's Office, Miami, FL, Philip Drew Dirosa , U.S. Attorney's Office, Fort Lauderdale, FL, Antonia J. Barnes , John C. McMillan , U.S. Attorney's Office, West Palm Beach, FL, for Plaintiff-Appellee.

Brenda Greenberg Bryn , Federal Public Defender's Office, Fort Lauderdale, FL, Michael Caruso , Federal Public Defender, Raymond D'Arsey Houlihan, III , Federal Public Defender's Office, Miami, FL, Lori E. Barrist , Federal Public Defender's Office, West Palm Beach, FL, for Defendant-Appellant.

Before WILLIAM PRYOR and JORDAN, Circuit Judges, and WALTER, District Judge.

These consolidated appeals require us to decide whether the definitions of "serious drug offense" under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(A), and "controlled substance offense" under the Sentencing Guidelines, U.S.S.G. § 4B1.2(b) (Nov.2013), include crimes that do not require an element...

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