USA v. Anthony Nix

FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
DECEMBER 30, 2010
JOHN LEY
CLERK
[PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 09-15335
Non-Argument Calendar
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D. C. Docket No. 09-80015-CR-DMM
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANTHONY NIX,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Florida
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(December 30, 2010)
Before TJOFLAT, EDMONDSON and BLACK, Circuit Judges.
PER CURIAM:
Anthony Nix pled guilty to possession of a firearm by a convicted felon, in

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violation of 18 U.S.C. § 922(g)(1), and the district court sentenced him as an armed
career criminal to prison for 180 months, the minimum sentence permitted by
statute, the Armed Career Criminal Act, 18 U.S.C. § 924(e). He now appeals his1
sentence, arguing that two of the three convictions the district court used to qualify
him an armed career offender do not qualify as violent felonies under the § 924(e):
(1) resisting an arresting officer with violence, in violation of Fla. Stat. § 843.01,
and (2) fleeing and eluding at high speed, in violation of Fla. Stat. § 316.1935(3).
We reject Nix’s challenge to the § 843.01 conviction, holding that a such
conviction constitutes a violent felony under 18 U.S.C. § 924(e)(2)(B)(ii). This is
the same holding we recently reached in United States v. Hayes, 2010 WL
3489973 (September 8, 2010). Although the Hayes decision was not published, we
are persuaded by its rationale regarding § 843.01 and therefore adopt its holding.
Nix’s challenge to the § 316.1935(3) conviction is foreclosed by United States v.
Harris, 586 F.3d 1283 (11 Cir. 2009), which we are bound to follow.th
AFFIRMED.
The sentencing range prescribed by the Sentencing Guidelines was 168-210 months’1
imprisonment.
2

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