Eleventh Circuit Court of Appeals - Published Opinions

Thursday, December 30, 2010

Nix: Resisting Arrest with Violence is "Violent Felony"

In U.S. v. Nix, No. 09-15335 (Dec. 30, 2010), the Court adopted its unpublished opinion in U.S. v. Hayes, and held that a prior Florida conviction for resisting an arresting officer with violence, in violation of Fla. Stat. § 843.01, qualifies as a “violent felony” of purposes of the Armed Career Criminal Act, 18 U.S.C. § 924(e). The Court therefore found that Nix had the requisite three prior felony convictions and affirmed the 15-year sentence.