United States v. Stephen Gene Reynolds, 215 F.3d 1210 (11th Cir. 2000). · Go Syfert
United States v. Stephen Gene Reynolds, 215 F.3d 1210 (11th Cir. 2000). Cases Citing This Book View Copy Cite
147 citation events (146 in the last 25 years) across 12 distinct courts.
Strongest positive: United States v. Baker (ca10, 2008-04-29)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (quoted) United States v. Baker
10th Cir. · 2008 · quote attribution · 1 verbatim quote · confidence low
section 922(g) . . . do not focus on the motive or purpose of the current possession of firearms.
examined Cited as authority (quoted) United States v. Baker (2×)
10th Cir. · 2007 · quote attribution · 2 verbatim quotes · confidence low
section 922(g) . . . do not focus on the motive or purpose of the current possession of firearms.
discussed Cited as authority (rule) United States v. Terrence James Jackson
11th Cir. · 2015 · confidence medium
It is a stiffened penalty for the latest crime, which is considered to be an aggravated offense because [it is] a repetitive one.”); United States v. Abraham, 386 F.3d 1033, 1038 (11th Cir.2004) (holding the federal “three strikes law” mandating a life sentence for a defendant convicted of a serious violent felony who was previously convicted of “one or more serious violent felonies and one or more serious drug offenses” did not violate the ex post facto clause for the reasons set forth in Gryg er); Reynolds, 215 F.3d at 1213 (holding application of Armed Career Criminal Act did not …
examined Cited as authority (rule) United States v. Cedric Shivers (4×) also: Cited "see"
11th Cir. · 2013 · confidence medium
In Reynolds, this Court held that in applying the Armed Career Criminal Act (“ACCA”) to enhance a defendant’s sentence, “the use of predicate felonies committed before the ACCA was enacted does not violate the Ex Post Facto Clause.” Reynolds, 215 F.3d at 1213.
examined Cited as authority (rule) United States v. Quentarvious Chaney (5×) also: Cited "see"
11th Cir. · 2010 · confidence medium
Moreover, § 924(e) does “not focus on the motive or purpose of the current possession of firearms, but rather on the fact that a person with three or more violent felony or serious drug convictions currently possesses a firearm.” See Reynolds, 215 F.3d at 1214.
discussed Cited as authority (rule) United States v. Richard Orlando McCray (2×)
11th Cir. · 2009 · confidence medium
Reynolds, 215 F.3d at 1214.
cited Cited as authority (rule) United States v. Eddie Cunningham
11th Cir. · 2008 · confidence medium
Reynolds, 215 F.3d at 1214.
discussed Cited as authority (rule) United States v. Earnest Pearce Carpenter (2×) also: Cited "see"
11th Cir. · 2007 · confidence medium
Carpenter argues that others guilty of the same offense with a greater degree of culpability have received lower sentences, but considerations of this nature are relevant only after “a threshold determination that the sentence imposed is grossly disproportionate to the offense.” Reynolds, 215 F.3d at 1214.
discussed Cited as authority (rule) United States v. Dane Allen Yirkovsky
8th Cir. · 2001 · confidence medium
For instance, United States v. Reynolds, 215 F.3d 1210 (11th Cir.2000) (per curiam), cert. denied, 531 U.S. 1000 , 121 S.Ct. 500 , 148 L.Ed.2d 470 (2000), which the panel opinion cites, see United States v. Yirkovsky, 259 F.3d 704, 706-07 (8th Cir.2001), is not a particularly persuasive authority because it involved a twelve-gauge shotgun, see 215 F.3d at 1212, not merely a single twenty-two caliber bullet.
discussed Cited as authority (rule) United States v. Dane Allen Yirkovsky
8th Cir. · 2001 · confidence medium
However, Yirkovsky acknowledges in his brief to this court that “[ejvery circuit to have considered [this] issue has concluded that the fifteen year mandatory minimum sentence under the ACCA is neither disproportionate to the offense nor cruel and unusual punishment.” Brief for Appellant at 10 (citing United States v. Reynolds, 215 F.3d 1210 *707 (11th Cir.2000), cert. denied, — U.S.—, 121 S.Ct. 500 , 148 L.Ed.2d 470 (2000)).
cited Cited "see" United States v. Gilberto Villanueva, Jr.
11th Cir. · 2018 · signal: see · confidence high
See Reynolds, 215 F.3d at 1214.
discussed Cited "see" United States v. Miguel Alvarado-Linares
11th Cir. · 2017 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir. 2000) (per curiam) (“[I]f it is grossly disproportionate, the court must then consider the sentences imposed on others convicted in the same jurisdiction and the sentences imposed for commission of the same crime in other jurisdictions.”); United States v. Brant, 62 F.3d 367, 368 (11th Cir. 1995) (per curiam) (“In non-capital cases, the Eighth Amendment encompasses, at most, only a narrow proportionality principle.”).
cited Cited "see" United States v. Ira Lester Bowie, Jr.
11th Cir. · 2016 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1215 (11th Cir. 2000).
cited Cited "see" United States v. Jenkins
10th Cir. · 2013 · signal: see · confidence high
See Reynolds, 215 F.3d at 1214.
discussed Cited "see" United States v. Jason Rollins (2×)
11th Cir. · 2013 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000) (holding that defendant’s sentence of 180 months’ imprisonment under the ACCA was not grossly disproportionate to his sole offense of possession of a firearm by a three-time felony offender).
discussed Cited "see" United States v. Mark Eldon Crews
11th Cir. · 2012 · signal: see · confidence high
See U.S. v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir. 2000) (affirming 180-month sentence imposed after defendant’s guilty plea to possession of firearm by convicted felon in violation of 18 U.S.C. §§ 922 (g)(1) and 924(e)).
discussed Cited "see" United States v. Mark Eldon Crews
11th Cir. · 2012 · signal: see · confidence high
See U.S. v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000) (affirming 180-month sentence imposed after defendant’s guilty plea to possession of firearm by convicted felon in violation of 18 U.S.C. §§ 922 (g)(1) and 924(e)).
discussed Cited "see" United States v. Faris
11th Cir. · 2009 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1212 (11th Cir. 2000) (per curiam) (“We review the constitutionality of statutes de novo.”) A. Commerce Clause Faris concedes that his internet communications were routed through Virginia.
cited Cited "see" United States v. James L. Johnson
11th Cir. · 2008 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000); United States v. Willis, 956 F.2d 248, 251 (11th Cir.1992); United States v. Jones, 933 F.2d 1541, 1548 (11th Cir.1991).
discussed Cited "see" United States v. Darren Lavon Smiley
11th Cir. · 2008 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000) (rejecting argument that application of ACCA constituted cruel and unusual punishment where defendant’s predicate offenses included three prior drug convictions, robbery, and battery).
discussed Cited "see" United States v. William Johnson
9th Cir. · 2006 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000) (rejecting claim that possession "was for an innocent reason,” and stating that § 922(g) does not "focus on the motive or purpose of the current possession of firearms”); United States v. Rutledge, 33 F.3d 671, 673 (6th Cir.1994) (“Rutledge's claim that he possessed the gun for innocent purposes was not a legitimate defense to the unlawful possession charges.”).
discussed Cited "see" United States v. Victor Tyrone Dix
11th Cir. · 2006 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1215 (11th Cir. 2000) ("We have held that as long as the weapon in question had a “minimal nexus” to interstate commerce, § 922(g)(1) is constitutional .... ” (citation omitted)).
discussed Cited "see" United States v. Livan Alfonso Raad (2×)
11th Cir. · 2005 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 (11th Cir.2000) (rejecting Eighth Amendment challenge to the Aimed Career Criminal Act and 18 U.S.C. § 924 ); United States v. Brant, 62 F.3d 367, 368 (11th Cir.1995) (rejecting challenge to career offender provisions); United States v. Willis, 956 F.2d 248, 251 (11th Cir.1992) (rejecting challenge to mandatory life sentence required under 21 U.S.C. § 841 (b)(1)); United States v. Benefield, 889 F.2d 1061, 1064 (11th Cir.1989) (rejecting challenge to mandatory minimum sentence for illegal purchase of food stamps at less than face value).
cited Cited "see" United States v. Daniel J. Lyons, Jr.
11th Cir. · 2005 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1212 (11th Cir.2000).
discussed Cited "see" United States v. Crawley
D. Kan. · 2002 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 (11th Cir.) (affirming district court’s denial of a §§ 5K2.11 departure where conduct in *1262 case involved the mere possession of an otherwise legal shotgun which defendant claimed he possessed for the purpose of pawning to remove it from access by a teenager), cert. denied, 531 U.S. 1000 , 121 S.Ct. 500 , 148 L.Ed.2d 470 (2000); United States v. Cutright, No. 00-4508, 2000 WL 1663451 (4th Cir. Nov.6, 2000) (unpub.op.) (denying §§ 5K2.11 departure in gun possession case and finding that “the district court improperly considered Cuthbert’…
cited Cited "see" United States v. Smith
4th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1215 (11th Cir.), cert. denied, 531 U.S. 1000 , 121 S.Ct. 500 , 148 L.Ed.2d 470 (2000).
discussed Cited "see" United States v. William Andrew Scott (2×) also: Cited "see, e.g."
11th Cir. · 2001 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1212 (11th Cir.2000).
cited Cited "see" United States v. Cutright
4th Cir. · 2000 · signal: see · confidence high
See United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir. 2000) (per curiam).
discussed Cited "see, e.g." United States v. Ernest Vereen, Jr.
11th Cir. · 2019 · signal: see also · confidence low
See id. ; United States v. Sistrunk , 622 F.3d 1328 , 1332 (11th Cir. 2010) ; see also United States v. Reynolds , 215 F.3d 1210 , 1214 (11th Cir. 2000) (rejecting Reynolds' Eighth Amendment claim because even if his recent possession of the firearm was for an innocent reason, § 922(g) does not "focus on the motive or purpose of the current possession of firearms, but rather on the fact that a person with three or more violent felony or serious drug convictions currently possesses a firearm").
discussed Cited "see, e.g." United States v. Arthur Alford
6th Cir. · 2017 · signal: see, e.g. · confidence low
See, e.g., United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir. 2000); United States v. Cardoza, 129 F.3d 6, 18 (1st Cir. 1997); United States v. Presley, 52 F.3d 64, 68 (4th Cir. 1995); United States v. Warren, 973 F.2d 1304, 1311 (6th Cir. 1992); United States v. Mitchell, 932 F.2d 1027, 1028 (2d Cir. 1991); United States v. Hayes, 919 F.2d 1262, 1266 (7th Cir. 1990); United States v. Baker, 850 F.2d 1365, 1372 (9th Cir. 1988).
discussed Cited "see, e.g." United States v. Joseph Brown
6th Cir. · 2013 · signal: see, e.g. · confidence low
United States v. Moore, 643 F.3d 451, 456 (6th Cir.2011); United States v. Warren, 973 F.2d 1304, 1311 (6th Cir.1992); see, e.g., United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000); United States v. Cardoza, 129 F.3d 6, 18 (1st Cir.1997); United States v. Presley, 52 F.3d 64, 68 (4th Cir.1995); United States v. Hayes, 919 F.2d 1262, 1266 (7th Cir.1990); United States v. Baker, 850 F.2d 1365, 1372 (9th Cir.1988).
cited Cited "see, e.g." United States v. Dawan McBride
3rd Cir. · 2010 · signal: see, e.g. · confidence low
See, e.g., United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000) (collecting cases).
discussed Cited "see, e.g." United States v. Damond Mosley
6th Cir. · 2009 · signal: see also · confidence low
However, at oral argument, defense counsel admitted that this court and several other courts of appeals have held that the mandatory minimum sentence that the ACCA requires is constitutional, see United States v. Warren, 973 F.2d 1304 (6th Cir.1992) (holding that fifteen year sentence under the ACCA was not “cruel and unusual punishment”); United States v. Pedigo, 879 F.2d 1315 (6th Cir.1989) (sentences under the ACCA are not “cruel and unusual”); see also United States v. Reynolds, 215 F.3d 1210 (11th Cir.2000); United States v. Villar, 184 F.3d 801 (8th Cir.1999); United States v. Ca…
discussed Cited "see, e.g." United States v. Riggs
10th Cir. · 2008 · signal: see, e.g. · confidence low
See, e.g., United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000) (upholding ACCA against Eighth Amendment challenge); United States v. Cardoza, 129 F.3d 6, 18 (1st Cir. 1997) (same); United States v. Rudolph, 970 F.2d 467, 469-70 (8th Cir.1992) (same); United States v. Crittendon, 883 F.2d 326, 331 (4th Cir.1989) (same); United States v. Pedigo, 879 F.2d 1315, 1320 (6th Cir.1989) (same); United States v. Dombrowski, 877 F.2d 520, 526 (7th Cir.1989) (same); United States v. Baker, 850 F.2d 1365, 1372 (9th Cir. 1988) (same). 502 F.3d at 368-69 (citations and quotations omitted).
discussed Cited "see, e.g." United States v. James Fernando Estrada-Obregon
11th Cir. · 2008 · signal: see also · confidence low
Jurisdictional issues arising under this chapter are preliminary questions of law to be determined solely by the trial judge.” 46 U.S.C. § 70504 (a); see also United States v. Tinoco, 304 F.3d 1088, 1112 (11th Cir.2002). “[A] guilty plea does not bar an appeal that raises a jurisdictional question.” United States v. Reynolds, 215 F.3d 1210 , 1215 (11th Cir.2000). “[Djefects in subject-matter jurisdiction require correction regardless of whether the error was raised in district court.” United States v. Cotton, 535 U.S. 625 , 122 S.Ct. 1781, 1785 , 152 L.Ed.2d 860 (2002).
discussed Cited "see, e.g." United States v. Helm
5th Cir. · 2007 · signal: see, e.g. · confidence low
See, e.g., United States v. Reynolds, 215 F.3d 1210 , 1214 (11th Cir.2000) (upholding ACCA against Eighth Amendment challenge); United States v. Cardoza, 129 F.3d 6, 18 (1st Cir.1997) (same); United States v. Rudolph, 970 F.2d 467, 469-70 (8th Cir.1992) (same); United States v. Crittendon, 883 F.2d 326, 331 (4th Cir.1989) (same); United States v. Pedigo, 879 F.2d 1315, 1320 (6th Cir.1989) (same); United States v. Dombrowski, 877 F.2d 520, 526 (7th Cir.1989) (same); United States v. Baker, 850 F.2d 1365, 1372 (9th Cir.1988) (same).
discussed Cited "see, e.g." United States v. Craig Paulinus Clay (2×)
11th Cir. · 2004 · signal: see also · confidence low
Interpreting McAllister , this Court in Scott held that "[t]o effectuate a constitutional conviction under § 922(g)(1), McAllister requires the government to demonstrate that the firearm possessed traveled in interstate commerce." Id. at 1274; see also United States v. Reynolds, 215 F.3d 1210 , 1215 (11th Cir.2000) ("The government must prove, however, that the firearm possessed traveled in interstate commerce."). 26 The dispositive question here is whether, based on the evidence presented to the jury, it was rationally able to conclude that the weapon seized in Clay's motel room was possesse…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Stephen Gene REYNOLDS, Defendant-Appellant
99-12953.
Court of Appeals for the Eleventh Circuit.
Jun 20, 2000.
215 F.3d 1210
David P. Hodge, Ft. Lauderdale, FL, for DefendanL-Appellant., Anne R. Schultz, Sally M. Richardson, Carol E. Herman, Miami, FL, for Plaintiff-Appellee.
Edmondson, Hull, Marcus, Per Curiam.
Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 92%
Citer courts: Tenth Circuit (3)
PER CURIAM:

Stephen Reynolds appeals his conviction and 180-month sentence for possession of a firearm by a convicted felon. On appeal, Reynolds contends that his conviction should be reversed because the government failed to prove that the firearm had a connection with interstate commerce. He further argues that his sentence should be vacated and remanded because: (1) the application of the armed-career-criminal enhancement, requiring that Reynolds be subject to a 15-year mandatory minimum sentence, violated the Ex Post Facto Clause and the Eighth Amendment prohibition against cruel and unusual punishment; and (2) the district court erred in denying Reynolds a downward departure based on a lesser harms theory.

We review the constitutionality of statutes de novo. See Gay Lesbian Bisexual Alliance v. Pryor, 110 F.3d 1543, 1546 (11th Cir.1997). We review issues raised for the first time on appeal for plain error. See United States v. Williams, 121 F.3d 615, 618 (11th Cir.1997), cert. denied, 523 U.S. 1065, 118 S.Ct. 1398, 140 L.Ed.2d 656 (1998). Upon thorough review of the Presentence Investigation Report (“PSI”), the sentencing hearing transcript, and all other relevant portions of the record, we find no reversible error and affirm.

The facts are straightforward. Pursuant to a written plea agreement, Reynolds pled guilty to possession of a firearm by a convicted felon in violation of 18 U.S.C. §§ 922(g)(1) and 924(e)(1). Reynolds, a convicted felon, pawned a Mossberg 12-gauge shotgun on March 18, 1997, and, soon thereafter, on April 4, 1997, he retrieved the shotgun from the pawnshop. The shotgun was manufactured in Connecticut and the pawnshop was located in Florida. Reynolds had a series of prior felony convictions, including a 1984 conviction for delivery of cocaine, a 1985 robbery conviction, a 1990 aggravated battery conviction, a 1994 conviction for possession of cocaine and cannabis, another battery conviction in 1995, and a 1997 conviction for burglary.

The Presentence Investigation Report recommended that Reynolds be sentenced under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), and its corresponding sentencing guideline, U.S.S.G. § 4B1.4, which impose a mandatory minimum sentence of 15 years on those convicted under § 922(g)(1) who have at least three prior violent or drug-related felony convictions. The PSI listed three predicate felony convictions, the 1984 cocaine conviction, the 1985 robbery conviction, and the 1994 conviction for possession of cocaine and cannabis. Reynolds objected to the application of the armed career criminal enhancement, claiming that the use of the 1984 cocaine delivery offense was a violation of the Ex Post Facto Clause of the United States Constitution because the ACCA was enacted in 1984 and did not provide for drug related offenses to be used as predicate offenses until 1986, yet the PSI used as a predicate a felony that predated the Act. He further claimed that application of the armed career criminal enhancement violated the Eighth Amendment’s prohibition against cruel and unusual punishment because the[*1213] conduct in this case involved the mere possession of an otherwise legal shotgun which he claims he possessed for the purpose of pawning to remove it from access by a teenager. He also requested a downward departure pursuant to the “lesser harms” guideline, U.S.S.G. § 5K2.11, claiming that he committed the offense to avoid a perceived greater harm.

At sentencing, the district court summarily overruled both of Reynolds’s constitutional challenges to the application of the armed career criminal enhancement. Recognizing that the district court could not depart even if it wanted to because of the mandatory minimum, defense counsel proffered to the court the testimony he would have presented in support of a downward departure based on a lesser harms theory. He claimed that, while Reynolds was helping his sister-in-law take care of her children, he noticed that his nephew, a manic depressive who had many contacts with law enforcement, had access to a firearm, which Reynolds took and brought to a pawnshop. The district court added that if it had the authority, it would deny the departure based on the facts and then sentenced Reynolds to the statutory minimum of 180 months imprisonment.

First, we are unpersuaded by Reynolds’s argument that the application of the ACCA to this case violates the Ex Post Facto Clause. The Ex Post Facto Clause of the United States Constitution, Article 1, section 9, “bars laws that ‘retroactively alter the definition of crime or increase the punishment for criminal acts.’ ” United States v. Rosario-Delgado, 198 F.3d 1354, 1356 (11th Cir.1999)(quot-ing California Dept. of Corrections v. Morales, 514 U.S. 499, 504, 115 S.Ct. 1597, 1601, 131 L.Ed.2d 588 (1995)). Two essential elements must be present for a criminal law to violate the Ex Post Facto Clause: first, the law must be retrospective, that is, it must apply to events occurring before its enactment; and second, it must disadvantage the offender affected by it. Id.

In this case, the ACCA was applied to Reynolds’s possession of a firearm in the spring of 1997, more than ten years after the Act was enacted. Indeed, at the time of Reynolds’s possession of the shotgun, plainly he was on notice that as a felon convicted three times he would receive a 15-year mandatory minimum sentence if convicted of violating 18 U.S.C. § 922(g). In no sense did the statute impose or increase punishment for a crime committed before its enactment. As the Supreme Court observed in a similar case involving a sentencing enhancement on account of three prior predicate offenses that had occurred before the Pennsylvania Habitual Criminal Act was passed:

The sentence as a fourth offender or habitual criminal is not to be viewed as either a new jeopardy or additional penalty for earlier crimes. It is a stiffened penalty for the latest crime, which is considered to be an aggravated offense because a repetitive one.

Gryger v. Burke, 334 U.S. 728, 732, 68 S.Ct. 1256, 1258, 92 L.Ed. 1683 (1948). We hold that in applying the ACCA, the use of predicate felonies committed before the ACCA was enacted does not violate the Ex Post Facto Clause.

We agree with the Fourth Circuit that the ACCA’s use of prior felony predicates, even where such convictions occurred before the effective date of the ACCA, does not violate the Ex Post Facto Clause. See United States v. Etheridge, 932 F.2d 318, 323 (4th Cir.)(affirming a conviction for a felon in possession of a firearm enhanced under 18 U.S.C. § 924(e), even though each predicate offense occurred before the enactment of § 924(e)), cert. denied, 502 U.S. 917, 112 S.Ct. 323, 116 L.Ed.2d 264 (1991). Cf., United States v. Lozano, 138 F.3d 915, 916-17 (11th Cir.1998)(upholding the application of an enhancement under 8 U.S.C. § 1326(a) based upon the commission of a prior aggravated felony, although the defendant committed the prior felony before the enactment of the enhancement).

[*1214] We are also unpersuaded by Reynolds’s argument that the district court erred in finding that the sentence imposed pursuant to the ACCA did not violate the Eighth Amendment’s prohibition against cruel and unusual punishment. “In non-capital cases, the Eighth Amendment encompasses, at most, only a narrow proportionality principle.” United States v. Brant, 62 F.3d 367, 368 (11th Cir.1995) (relying on Harmelin v. Michigan, 501 U.S. 957, 111 S.Ct. 2680, 115 L.Ed.2d 836 (1991)). Under Brant, a reviewing court must make a threshold determination that the sentence imposed is grossly disproportionate to the offense committed and, if it is grossly disproportionate, the court must then consider the sentences imposed on others convicted in the same jurisdiction and the sentences imposed for commission of the same crime in other jurisdictions. Brant, 62 F.3d at 368.

Reynolds was sentenced pursuant to the armed career criminal provisions of § 924(e), and the mandatory sentence of 15 years imposed on him was not grossly disproportionate to his offense of possession of a firearm by a three-time felon. His predicate crimes include a serious drug offense, a robbery where he pretended to have a gun and robbed a store clerk, and an aggravated battery where he detained the victim while his codefendant struck the victim in the head with a closed fist. Nevertheless, Reynolds argues that his recent possession of the firearm was for an innocent reason. Sections 922(g) and 924(e)(1), however, do not focus on the motive or purpose of the current possession of firearms, but rather on the fact that a person with three or more violent felony or serious drug convictions currently possesses a firearm. See United States v. Funches, 135 F.3d 1405, 1407 (11th Cir.)(stating that a § 922 offense is a strict liability offense and a defendant’s state of mind is generally irrelevant), cert. denied, 524 U.S. 962, 118 S.Ct. 2389, 141 L.Ed.2d 754 (1998). The mandatory sentence of 15 years was not grossly disproportionate to his offense.

We add that every circuit to have considered this issue has concluded that the 15-year minimum mandatory sentence under ACCA is neither disproportionate to the offense nor cruel and unusual punishment. See e.g., United States v. Cardoza, 129 F.3d 6, 18 (1st Cir.1997)(affirming sentence of 235-month imprisonment for possession of a single bullet in light of previous felony convictions); United States v. Presley, 52 F.3d 64, 68 (4th Cir.1995)(hold-ing that a 15-year sentence under the ACCA is neither disproportionate to the offense nor cruel and unusual punishment); United States v. Warren, 973 F.2d 1304, 1311 (6th Cir.1992)(upholding 15-year sentence where the defendant had pawned a pistol and later retrieved it, allegedly for a friend); United States v. Mitchell, 932 F.2d 1027, 1028 (2d. Cir.1991)(dismissing claim that 15 years’ imprisonment for violations of 18 U.S.C. § 922(g) is cruel and unusual punishment under the Eighth Amendment); United States v. Hayes, 919 F.2d 1262, 1266 (7th Cir.1990)(holding that “ ‘[a] mandatory minimum sentence of fifteen years for a defendant with three prior felony convictions (and who has now been convicted of yet another felony) is not constitutionally disproportionate.’ ’’)(quoting United States v. Dombrowski, 877 F.2d 520, 526 (7th Cir.1989), cert. denied, 496 U.S. 907, 110 S.Ct. 2592, 110 L.Ed.2d 272 (1990)); United States v. Baker, 850 F.2d 1365, 1372 (9th Cir.1988)(upholding 15-year sentence in face of Eighth Amendment challenge even though defendant testified that he did not know the guns were in his car).

We are also satisfied that the district court did not err in denying Reynolds a downward departure based on a lesser harms theory under U.S.S.G. § 5K2.11. Generally, a defendant may not appeal a district court’s refusal to depart downward. See United States v. Webb, 139 F.3d 1390, 1394 (11th Cir.1998). A defendant may appeal the court’s failure to[*1215] depart downward, however, if the district court erroneously believed it lacked the authority to depart. See id.

Reynolds does not argue that the district court misconstrued its authority to depart; he claims only that the court erred in not departing. Accordingly, he may not appeal the court’s refusal to depart. Moreover, the statutes under which Reynolds was convicted and sentenced provide for a mandatory minimum sentence of 15 years. 18 U.S.C. § § 922(g)(1) and 924(e)(1). While there are limited circumstances where a district court may impose a sentence beneath the statutory minimum, e.g., where the government files a U.S.S.G. § 5K1.1 motion for substantial assistance, see United States v. Smith, 39 F.3d 1143, 1146 (11th Cir.1994), Reynolds has provided no authority for a departure below the statutory minimum in this case. In fact, at sentencing, he conceded that the court could not depart. Because the district court did not have authority to sentence Reynolds below the statutorily required minimum sentence, plainly it did not err in declining to depart downward.

Finally, we are unpersuaded by Reynolds’s argument that the district court did not have jurisdiction to adjudicate facts surrounding the pawning of a shotgun and redeeming it because these transactions involved wholly intrastate activity. Because Reynolds failed to raise this issue in the district court, we review only for plain error. United States v. Williams, 121 F.3d 615, 618 (11th Cir.1997), ce rt. denied, 523 U.S. 1065, 118 S.Ct. 1398, 140 L.Ed.2d 656 (1998). While a knowing and voluntary guilty plea waives the right to appeal all nonjurisdictional challenges to a conviction, see United States v. Cunningham, 161 F.3d 1343, 1344 (11th Cir.1998), a guilty plea does not bar an appeal that raises a jurisdictional question. Id.

The Commerce Clause of the United States Constitution provides in part: “The Congress shall have the power ... [t]o regulate Commerce with foreign Nations, and among the several states.” U.S. Const, art. I, § 8. Section 922(g)(1), under which Reynolds was convicted, provides in pertinent part that:

It shall be unlawful for any person—
(1) who has been convicted in any court, of a crime punishable by imprisonment for a term exceeding one year
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate commerce or foreign commerce.

18 U.S.C. § 922(g)(1). We have held that as long as the weapon in question had a “minimal nexus” to interstate commerce, § 922(g)(1) is constitutional and the district court has jurisdiction. See United States v. McAllister, 77 F.3d 387, 390 (11th Cir.), cert. denied, 519 U.S. 905, 117 S.Ct. 262, 136 L.Ed.2d 187 (1996). The government must prove, however, that the firearm possessed traveled in interstate commerce. See id.; Cunningham, 161 F.3d at 1346.

Here, the interstate commerce nexus has been shown because when Reynolds pled guilty to being a felon in possession, he admitted all the elements of that offense including that the firearm had been shipped or transported in interstate commerce. Moreover, the government has shown that the 12-gauge shotgun was manufactured in Connecticut and then traveled across state lines to Florida, where Reynolds possessed it. This movement is sufficient to show the required nexus to interstate commerce. See McAllister, 77 F.3d at 388 (upholding conviction for possession of a firearm by a felon where government proved that gun was manufactured in California, shipped to South Carolina, and defendant possessed the gun only in Georgia, where he bought it).

[*1216] Accordingly, we affirm.

AFFIRMED.