Eleventh Circuit Court of Appeals - Published Opinions

Friday, September 29, 2017

Green: Florida Felony Battery is a Violent Felony

In United States v. Green, No. 14-12830 (Sept. 29, 2017) (Julie Carnes, Jordan, Robreno), the Court revised its earlier panel opinion from December 2016 in light of the recent en banc decision in Vail-Bailon

Relying on Vail-Bailon, it held that the defendant's Florida felony battery conviction satisfied the elements clause.  The panel removed its earlier holding that the "touching or striking" component of Florida battery law was divisible, and that the defendant's offense involved a striking under the modified categorical approach.  That discussion was no longer necessary in light of Vail-Bailon's categorical holding.  The remainder of the original panel opinion was unmodified; the summary of that original opinion can be found here: http://defensenewsletter.blogspot.com/2016/12/green-harmless-rule-404b-errors.html