UNITED STATES v. GARY

No. 21-13249 Non-Argument Calendar.

74 F.4th 1332 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Larry Lynn GARY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Filed: July 21, 2023.


Attorney(s) appearing for the Case

Holly Lynn Gershow , Peter J. Sholl , U.S. Attorney Service — Middle District of Florida, U.S. Attorney, U.S. Attorney's Office, Tampa, FL, Linda Julin McNamara , Oberheiden PC, Tampa, FL, for Plaintiff-Appellee.

Landon Parnell Miller , Magone & Miller Law Offices, Naples, FL, for Defendant-Appellant.

Before Wilson, Luck, and Hull, Circuit Judges.


Larry Lynn Gary appeals his 180-month sentence for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). On appeal, Gary argues that his sentence was erroneously enhanced because his prior conviction for aggravated assault under Florida law does not qualify as a violent felony...

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