United States v. Travis Ferrell Griffin

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED U.S. COURT OF APPEALS

_____________ ELEVENTH CIRCUIT AUGUST 6, 2009

No. 07-10683 THOMAS K. KAHN _____________ CLERK

D.C. Docket No. 06-00015-CR-ORL-18-JGG

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus

TRAVIS FERRELL GRIFFIN, Defendant-Appellant.

____________

Appeal From the United States District Court for the Middle District of Florida

____________

(August 6, 2009)

ON REMAND FROM THE UNITED STATES SUPREME COURT Before EDMONDSON, HILL and ALARCON,* Circuit Judges.

_______________________________

*Honorable Arthur L. Alarcon, United States Circuit Judge for the Ninth Circuit, sitting by designation.

PER CURIAM:

This case is before the court upon remand from the United States Supreme Court for further consideration in light of Chambers v. United States, 555 U.S. __, 129 S. Ct. 687 (2009). In view of this court’s holding in United States v. Harrison, 558 F.3d 1280 (11th Cir. 2009), no additional briefing by the parties is required, and the case is ripe for decision.

In Harrison, this court held that a prior Florida conviction for willful fleeing was not a “violent felony” for the purposes of the Armed Career Criminal Act (the “ACCA”). Therefore, Griffin’s sentencing enhancement under the ACCA based in part upon a prior Florida conviction for willful fleeing was error, and his sentence must be vacated and he must be resentenced without the enhancement.

VACATED AND REMANDED.