Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, October 30, 2019

Hunt: Alabama Second/Third-Degree Robbery and Michigan Carjacking Satisfied the Elements Clause

In United States v. Hunt, et al., No. 17-12365 (Oct. 30, 2019) (Jordan, Grant, Siler) (per curiam), the Court affirmed the defendants' sentences (after re-issuing what was previously an unpublished opinion).

First, the Court held that, based on a prior SOS precedent and Stokeling, Alabama second-degree and third-degree robbery satisfied the elements clause in the ACCA and Guidelines, because it required force to overcome the victim's resistance.

Second, the Court held that Michigan carjacking satisfied the elements clause.  Although the offense could be accomplished by putting another person in fear, the defendant identified no Michigan case which involved putting the victim in fear without the use, attempted use, or threatened use of force.

Finally, the Court found that a 60-month 922(g) sentence was not substantively unreasonable.  Although this sentence was an upward variance, the court justified it based on his criminal history and use of firearms during illegal activity.