USA v. Keith Allen Culp

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 19-14653
Non-Argument Calendar
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D.C. Docket No. 1:19-cr-00009-AW-GRJ-1

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KEITH ALLEN CULP,

Defendant-Appellant.
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Appeals from the United States District Court
for the Northern District of Florida
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(June 2, 2020)
Before WILLIAM PRYOR, GRANT and LUCK, Circuit Judges.

PER CURIAM:
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Keith Allen Culp appeals his sentence of 180 months of imprisonment for
possessing a firearm as a convicted felon. 18 U.S.C. §§ 922(g)(1), 924(e). Culp
argues that he lacks sufficient predicate offenses to qualify as an armed career
criminal. Culp argues that his prior conviction for resisting arrest with violence,
Fla. Stat. § 843.01, does not count as a violent crime. See 18 U.S.C.
§ 924(e)(2)(B). He also argues, for the first time, that his prior conviction for
trafficking amphetamine, Fla. Stat. § 893.13(1)(f), is not a serious drug offense.
See 18 U.S.C. § 924(e)(2)(A). We affirm.
We review de novo the classification of a prior conviction as a violent felony
or as a serious drug offense under the Armed Career Criminal Act.
United States v.
Deshazior, 882 F.3d 1352, 1354 (11th Cir. 2018) (violent felony); United States v.
Longoria, 874 F.3d 1278, 1281 (11th Cir. 2017) (serious drug offense).
The district court correctly enhanced Culp’s sentence under the Act. The
district court did not decide whether Culp’s prior conviction for resisting an officer
with violence counted as a violent felony because he conceded that it “made no
difference one way or another” in the light of his convictions for drug offenses. But
the district court did not err because, as Culp acknowledges, our precedent holds
that resisting an officer with violence categorically qualifies as a violent felony
under the Act. See United States v. Hill, 799 F.3d 1318, 1323 (11th Cir. 2015).
And Culp does not dispute that his two prior convictions for selling
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methamphetamine with intent to distribute, Fla. Stat. § 893.13(1), constitute
serious drug offenses. See United States v. Smith, 775 F.3d 1262, 1266–68 (11th
Cir. 2014) (“[s]ection 893.13(1) of the Florida Statutes is . . . a ‘serious drug
offense’”). Because Culp has three predicate offenses, we need not decide whether
his prior conviction for trafficking amphetamine also qualifies as a serious drug
offense.
We AFFIRM Culp’s sentence.
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