United States v. Marcus Chatman

610 F. App'x 942

• Court: Court of Appeals for the Eleventh Circuit
• Decided: July 24, 2015
• Docket: 14-11300
• Status: Unpublished

Opinion

PER CURIAM:

Marcus Chatman appeals his 180-month prison sentence, imposed after a jury convicted him of possession of a firearm by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). Chatman argues the district court erred by sentencing him under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e) and U.S.S.G. § 4B 1.4(a), based on his prior convictions for possession with intent to sell cocaine, in violation of Florida Statutes § 893.13(1). Chatman contends his prior § 893.13 convictions do not qualify as ACCA-predicate “serious drug offense[s]” under § 924(e)(2)(A)(ii) because they lack a mem rea requirement. 1 Chatman’s sole argument on appeal is foreclosed by United States v. Smith, 775 F.3d 1262, 1264, 1267-68 (11th Cir.2014), which held convictions for possession with intent to sell a controlled substance, in violation of § 893.13(1), qualify as “serious drug offense[s]” under § 924(e)(2)(A)(ii). We therefore affirm.

AFFIRMED.

1 . We review de novo whether a prior conviction qualifies as an ACCA "serious drug offense.” United States v. Robinson, 583 F.3d 1292, 1294 (11th Cir.2009).