United States v. Korre Mahon Fuller

• Court: Court of Appeals for the Eleventh Circuit
• Decided: April 30, 2019
• Docket: 18-14244
• Status: Unpublished

Opinion

Case: 18-14244 Date Filed: 04/30/2019 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 18-14244 Non-Argument Calendar ________________________

D.C. Docket No. 3:17-cr-00101-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KORRE MAHON FULLER,

Defendant-Appellant.

________________________

Appeal from the United States District Court for the Northern District of Florida ________________________

(April 30, 2019)

Before MARCUS, WILLIAM PRYOR and ROSENBAUM, Circuit Judges.

PER CURIAM: Case: 18-14244 Date Filed: 04/30/2019 Page: 2 of 2

Korre Fuller appeals his sentence of 78 months of imprisonment for

possessing a firearm as a convicted felon. See 18 U.S.C. § 922(g)(1), 924(a)(2).

Fuller challenges the use of his two prior convictions for armed robbery, Fla. Stat.

§ 812.13(1), to enhance his sentence under the Sentencing Guidelines, U.S.S.G.

§ 2K2.1(a). We affirm.

We review de novo whether a prior conviction constitutes a crime of

violence under the Sentencing Guidelines. United States v. Dixon, 874 F.3d 678,

680 (11th Cir. 2017).

Fuller concedes that his challenge to the use of his prior convictions to

enhance his sentence is foreclosed by binding precedent. We held in United States

v. Fritts, 841 F.3d 937, 940 (11th Cir. 2016), that a conviction for armed robbery

under section 912.13 of the Florida Statutes categorically qualifies as a violent

felony under the elements clause of the Armed Career Criminal Act. And recently

the United States Supreme Court reached the same conclusion in Stokeling v.

United States, 139 S. Ct. 544 (2019). Precedent that addresses whether an offense

is a violent felony under the Act is also dispositive in deciding whether the offense

qualified as a crime of violence under the elements clause of the Guidelines. Fritts,

841 F.3d at 940 & n.4. The district court correctly counted Fuller’s prior

convictions for armed robbery as predicate offenses under the Guidelines.

We AFFIRM Fuller’s sentence.