United States v. Thomas Tubbs

446 F. App'x 705

• Court: Court of Appeals for the Fifth Circuit
• Decided: October 21, 2011
• Docket: 10-51043
• Status: Unpublished

Opinion

PER CURIAM: *

Appealing the judgment in a criminal case, Thomas Madison Tubbs presents arguments that he concedes are foreclosed by United States v. Harrimon, 568 F.3d 531 (5th Cir.2009), which held that the Texas state offense of evading arrest or detention by use of a vehicle is a violent felony under the Armed Career Criminal Act (ACCA). Recently, the Supreme Court validated our decision in Harrimon by holding that a conviction under Indiana’s felony vehicle flight law constituted a violent felony under the ACCA. See Sykes v. United States, — U.S.-, 131 S.Ct. 2267, 2277, 180 L.Ed.2d 60 (2011).

Accordingly, the Government’s motion for summary affirmance is GRANTED and the judgment of the district court is AFFIRMED.

* Pursuant to 5th Cm. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cm. R. 47.5.4.