Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, March 27, 2013

Coronado-Cura: Simple Vehicle Flight is Aggravated Felony

In U.S. v. Coronado-Cura, No. 12-12344 (March 26, 2013), the Court held that “simple vehicle flight” in violation of Fla. Stat. § 316.1935(2) qualifies as an “aggravated felony” for purposes of an 8-level Guideline sentence enhancement for a defendant convicted of illegally entering the United States.

The Court noted that vehicle flights create a risk of car crashes, and that the Guidelines definition of risk include the risk that force will be used against the person or property of another (regardless of whether that force comes directly from the fleeing offender or the pursuing police officers). The Court also noted its precedent in Petite which had held that simple vehicle flight qualified as a “violent felony” for purposes of the Armed Career Criminal Act.