United States v. Harris, 608 F.3d 1222 (11th Cir. 2008). · Go Syfert
United States v. Harris, 608 F.3d 1222 (11th Cir. 2008). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, last quoted 2011 · …similar in kind and in degree to the enumerated crimes ⚠ not in text Topic ↗
92 citation events (92 in the last 25 years) across 10 distinct courts.
Strongest positive: Israel Santiago-Lugo v. Warden (ca11, 2015-04-30)
Treatment trajectory · 2009 → 2026 · click a year to view as-of
2009 2017 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
discussed Cited as authority (rule) Israel Santiago-Lugo v. Warden
11th Cir. · 2015 · confidence medium
See Roberts v. Galen of Va., Inc., 525 U.S. 249, 253 , 119 S.Ct. 685, 687 , 142 L.Ed.2d 648 (1999) (“[T]he concession of a point on appeal by respondent is by no means dis-positive of a legal issue----”); United States v. Harris, 608 F.3d 1222, 1226 (11th Cir.2010) (accepting the government’s concession that a criminal defendant’s prior conviction was a “violent felony” under 18 U.S.C. § 924 (e)(2)(B)(i)); United States v. Linville, 228 F.3d 1330 , 1331 n. 2 (11th Cir.2000) (refusing to accept the government’s concession of error on the ground that “[w]e are not required to ac…
discussed Cited as authority (rule) United States v. Velazquez
1st Cir. · 2015 · confidence medium
See, e.g., United States v. Van Mead, ___ F.3d ___, ___ [ 2014 WL 6863679, at *5 ] (2d Cir. 2014); United States v. Harris, 608 F.3d 1222, 1225 (11th Cir. 2010); United States v. Christensen, 559 F.3d 1092, 1093 (9th Cir. 2009); United States v. Dennis, 551 F.3d 986, 990 (10th Cir. 2008). -17- Second, some of them interpret Begay to mean that strict liability offenses are categorically beyond the purview of the residual clause.
discussed Cited as authority (rule) United States v. Velázquez
1st Cir. · 2015 · confidence medium
See, e.g., United States v. Van Mead, 773 F.3d 429, 434-35 (2d Cir.2014); United States v. Harris, 608 F.3d 1222, 1225 (11th Cir.2010); United States v. Christensen, 559 F.3d 1092, 1093 (9th Cir.2009); United States v. Dennis, 551 F.3d 986, 990 (10th Cir.2008).
discussed Cited as authority (rule) United States v. James Howard
8th Cir. · 2014 · confidence medium
Cf. United States v. Owens, 672 F.3d 966, 970-72 (11th Cir.2012) (statutory rape under Alabama law involving sexual intercourse with a victim between twelve and sixteen years old is not a violent felony); United States v. Harris, 608 F.3d 1222, 1230-33 (11th Cir.2010) (violation of Florida sexual battery statute involving sexual contact with a victim under sixteen years old is not a violent felony); United States v. Christensen, 559 F.3d 1092, 1093-95 (9th Cir.2009) (statutory rape under Washington law involving sexual intercourse with a victim between fourteen and sixteen years old is not a v…
discussed Cited as authority (rule) United States v. Dale Borders
11th Cir. · 2014 · confidence medium
Cf. Gilbert v. United States, 640 F.3d 1293 , 1306 n. 14 (11th Cir.2011) (en banc) (discussing our discretion to accept the government’s concession of a point on appeal); United States v. Harris, 608 F.3d 1222, 1226 (11th Cir.2010) (exercising discretion to accept the government’s concession of a particular issue on appeal).
discussed Cited as authority (rule) Kevin Spencer v. United States (2×) also: Cited "see, e.g."
11th Cir. · 2013 · confidence medium
Likewise in Harris, 608 F.3d at 1230, 1233 , we concluded that Florida “sexual battery of a child under sixteen ... is a crime that presents a serious potential risk of physical injury,” but that viewed generically or categorically, it “imposes strict liability and covers such a broad range of conduct, we cannot say that a violation of it typically involves ‘purposeful, “violent,” and “aggressive” conduct’ ” (quoting Begay, 553 U.S. at 144-45 , 128 S.Ct. at 1586 ).
examined Cited as authority (rule) United States v. Anthony Jerome Terry (4×) also: Cited "see"
11th Cir. · 2012 · confidence medium
Id. at 1227 (quotation and alteration omitted).
discussed Cited as authority (rule) Joseph C. Hubbard, State-Boston Retirement System v. BankAtlantic Bancorp, Inc. (2×)
11th Cir. · 2012 · confidence medium
E.g., United States v. Harris, 608 F.3d 1222, 1227 (11th Cir. 2010).
discussed Cited as authority (rule) Joseph C. Hubbard, State-Boston Retirement System v. BankAtlantic Bancorp, Inc. (2×)
11th Cir. · 2012 · confidence medium
E.g., United States v. Harris, 608 F.3d 1222, 1227 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Chitwood (2×)
11th Cir. · 2012 · confidence medium
Because we can affirm for any reason supported by the record, “[ejven though the district court did not reach the residual clause issue, we can still decide it.” United States v. Harris, 608 F.3d 1222, 1227 (11th Cir.2010).
discussed Cited as authority (rule) United States v. Andrew Jackson Chitwood (2×)
11th Cir. · 2012 · confidence medium
Because we can affirm for any reason supported by the record, “[e]ven though the district court did not reach the residual clause issue, we can still decide it.” United States v. Harris, 608 F.3d 1222, 1227 (11th Cir. 2010).
discussed Cited as authority (rule) United States v. Christopher Dwayne Owens (2×) also: Cited "see, e.g."
11th Cir. · 2012 · confidence medium
When analyzing an offense under the residual clause, courts utilize a categorical approach: “examine [the offense] in terms of how the law defines the offense and not in terms of how an individual offender might have committed it on a particular occasion.” United States v. Harris, 608 F.3d 1222, 1232 (11th Cir. 2010) (quoting Begay v. United States, 553 U.S. 137, 141 , 128 S. Ct. 1581, 1584 (2008)).
discussed Cited as authority (rule) United States v. Owens (2×) also: Cited "see, e.g."
11th Cir. · 2012 · confidence medium
When analyzing an offense under the residual clause, courts utilize a categorical approach: “examine [the offense] in terms of how the law defines the offense and not in terms of how an individual offender might have committed it on a particular occasion.” United States v. Harris, 608 F.3d 1222, 1232 (11th Cir.2010) (quoting Begay v. United States, 553 U.S. 137, 141 , 128 S.Ct. 1581, 1584 , 170 L.Ed.2d 490 (2008)).
cited Cited as authority (rule) United States v. James Curtis Anderson
11th Cir. · 2011 · confidence medium
United States v. Harris, 608 F.3d 1222, 1227 (11th Cir.2010).
discussed Cited as authority (rule) United States v. Casillas-Cantero
11th Cir. · 2011 · confidence medium
Casillas-Cantero argues (1) that the district court erred in relying on United States v. Padilla-Reyes, 247 F.3d 1158 (11th Cir.2001), to determine that his conviction pursuant to Fla. Stat. § 800.04 (1), for fondling a minor, qualified as “sexual abuse of a minor,” and (2) that even if § 800.04(1) constitutes “sexual abuse of a minor,” it cannot be considered a “crime of violence” within the meaning of United States Sentencing Guidelines § 2L1.2(b)(l)(A) (Nov. 2009), without violating the plain meaning of that term, as defined in Begay v. United States, 553 U.S. 137 , 128 S.Ct.…
discussed Cited as authority (rule) United States v. Lee
11th Cir. · 2011 · signal: cf. · confidence medium
Cf. United States v. Harris, 608 F.3d 1222, 1224 (11th Cir.2010) (acknowledging “the holding of Begay v. United States, 553 U.S. 137, 143 , 128 S.Ct. 1581, 1585 , 170 L.Ed.2d 490 (2008), that strict liability crimes are not ‘roughly similar’ to burglary, arson, extortion, or an offense involving the use of explosives and therefore do not come within the residual clause”).
discussed Cited as authority (rule) United States v. Alex Nathan Mitchell (2×)
11th Cir. · 2011 · confidence medium
To determine whether a prior felony conviction falls within ACCA’s residual clause, we interpret the crime of conviction using a categorical approach, “read[ing] the face of the relevant statute itself to *411 discern the crime as it is ordinarily committed.” United States v. Harris, 608 F.3d 1222, 1227 (11th Cir.2010) (quotations, citation marks, and original alterations omitted).
examined Cited as authority (rule) United States v. Christopher C. Hayes (3×)
11th Cir. · 2010 · confidence medium
To determine whether a prior felony conviction falls within ACCA’s residual clause, we interpret the crime of conviction using a categorical approach, “reading] the face of the relevant statute itself to discern the crime as it is ordinarily committed.” United States v. Harris, 608 F.3d 1222, 1227 (11th Cir.2010) (quotations, citation marks, and original alterations omitted).
examined Cited as authority (rule) United States v. Christopher C. Hayes (3×)
11th Cir. · 2010 · confidence medium
To determine whether a prior felony conviction falls within ACCA’s residual clause, we interpret the crime of conviction using a categorical approach, 3 “read[ing] the face of the relevant statute itself to discern the crime as it is ordinarily committed.” United States v. Harris, 608 F.3d 1222, 1227 (11th Cir. 2010) (quotations, citation marks, and original alterations omitted).
discussed Cited as authority (rule) United States v. Sonnenberg
7th Cir. · 2010 · confidence medium
Similarly, the Ninth Circuit found in United States v. Christensen, 559 F.3d 1092, 1095 (9th Cir.2009) (internal citation omitted), that a Washington state felony was not a violent crime under Begay “because statutory rape may involve consensual sexual intercourse, it does not necessarily involve either ‘violent’ or ‘aggressive’ conduct.” Similarly, the Eleventh Circuit held in United States v. Harris, 608 F.3d 1222, 1233 (11th Cir.2010), citing Begay, 553 U.S. at 144-45 , 128 S.Ct. 1581 , that a conviction for sexual battery of a child under age sixteen did not constitute a crime …
examined Cited as authority (rule) United States v. Christopher C. Hayes (3×)
11th Cir. · 2010 · confidence medium
To determine whether a prior felony conviction falls within ACCA’s residual clause, we interpret the crime of conviction using a categorical approach, “read[ing] the face of the relevant statute itself to discern the crime as it is ordinarily committed.” United States v. Harris, 608 F.3d 1222, 1227 (11th Cir. 2010) (quotations, citation marks, and original alterations omitted).
discussed Cited as authority (rule) United States v. Starnes (2×) also: Cited "see"
N.D. Ga. · 2009 · confidence medium
In Begay , the Supreme Court held that the definition of “violent felony” in the Armed Career Criminal Act (“ACCA”) 2 — which is “nearly identical,” United States v. Harris, 305 Fed.Appx. 552, 555 (11th Cir.2008) (unpublished), to the definition of “crime of violence” in USSG § 4B1.2(a)— did not include the crime of driving under the influence of alcohol (“DUI”) under New Mexico law. 3 128 S.Ct. at 1588 .
cited Cited "see" United States v. Rihanna Buddi
6th Cir. · 2026 · signal: see · confidence high
See United States v. Harris, 608 F.3d 1222 , 1232–33 (11th Cir. 2010); Leger v. U.S. Att’y Gen., 101 F.4th 1295 , 1300–01 (11th Cir. 2024); State v. Sorakrai, 543 So. 2d 294, 295 (Fla. Dist.
cited Cited "see" United States v. Lamar Eady, Jr.
11th Cir. · 2014 · signal: see · confidence high
See United States v. Harris, 608 F.3d 1222, 1233 (11th Cir.2010).
discussed Cited "see" United States v. Ricardo Tywane Cooper
11th Cir. · 2013 · signal: see · confidence high
See United States v. Harris, 608 F.3d 1222, 1230 (11th Cir.2010) (holding that commission of rape under *865 Florida’s statutory rape law poses risk of serious physical injury); United States v. Ivory, 475 F.3d 1232, 1236-37 (11th Cir.2007), abrogated on other grounds by United States v. Owens, 672 F.3d 966, 971 (11th Cir.2012) (finding that commission of rape under Alabama’s statutory rape law poses risk of serious physical injury).
discussed Cited "see" United States v. Devon Turner (2×)
11th Cir. · 2013 · signal: see · confidence high
U.S.S.G. § 4B1.2(a)(l); see United States v. Harris, 608 F.3d 1222, 1225 (11th Cir.2010) (equating “physical force” with “violent force,” pursuant to Johnson v. United States, 559 U.S. 133, 140-41 , 130 S.Ct. 1265, 1271 , 176 L.Ed.2d 1 (2010)).
cited Cited "see" United States v. John Michael Baird
11th Cir. · 2013 · signal: see · confidence high
See United States v. Harris, 608 F.3d 1222, 1227 (11th Cir.2010).
cited Cited "see" United States v. Wheeler
11th Cir. · 2011 · signal: see · confidence high
See United States v. Harris, 608 F.3d 1222, 1227 (11th Cir.2010).
cited Cited "see" Scott v. United States
S.D. Fla. · 2010 · signal: see · confidence high
See U.S. v. Harris, 608 F.3d 1222, 1228-29, 1232 (11th Cir.2010); United States v. Layton, 356 Fed.Appx. 286, 289 (11th Cir.2009). 5 .
cited Cited "see" Hudson v. United States
S.D. Fla. · 2010 · signal: see · confidence high
See U.S. v. Harris, 608 F.3d 1222, 1228-29, 1232 (11th Cir.2010); U.S. v. Layton, 356 Fed.Appx. 286, 289 (11th Cir.2009). 6 .
discussed Cited "see, e.g." United States v. Brian Leavitt
11th Cir. · 2014 · signal: see, e.g. · confidence medium
See, e.g., United States v. Klopf, 423 F.3d 1228, 1244-45 (11th Cir.2005). *518 Exercising our discretion, we accept the government’s concession on the issue of harmless error for “purposes of this case,” United States v. Harris, 608 F.3d 1222, 1226 (11th Cir.2010) (accepting government’s concession that a Florida sexual battery conviction was not a “crime of violence” under 18 U.S.C. § 924 (e)), completely vacate the sentences imposed on all three counts, and remand for the district court to hold a new sentencing hearing.
discussed Cited "see, e.g." United States v. Hernandez-Gonzalez
M.D. Ga. · 2012 · signal: see also · confidence medium
See also United States v. Harris, 608 F.3d 1222, 1232-33 (11th Cir.2010) (“We have been instructed to take a categorical approach, so that ‘[i]n determining whether this crime is a violent felony, we consider the offense generically, that is to say, we examine it in terms of how the law defines the offense and not in terms of how an individual offender might have committed it on a particular occasion.’ ”) (quoting Begay v. United States, 553 U.S. 137, 141 , 128 S.Ct. 1581 , 170 L.Ed.2d 490 (2008)) (alteration in original).
discussed Cited "see, e.g." Shelton v. Secretary, Department of Corrections
M.D. Fla. · 2011 · signal: see also · confidence medium
See also U.S. v. Harris, 608 F.3d 1222, 1231 (11th Cir.2010) (recognizing the three broad categories of crimes under Florida law: "(1) 'strict liability' crimes (e.g., DWI manslaughter or statutory rape) which are criminal violations even if done without intent to do the prohibited act; (2) general intent crimes; and (3) specific intent crimes.”) (quoting Linehan v. State, 442 So.2d 244, 247 (Fla. 2d DCA 1983)). .
discussed Cited "see, e.g." United States v. Winex Eugene
11th Cir. · 2011 · signal: see also · confidence medium
After reviewing the plain language of the statute, the Supreme Court defined “physical force” in the context of ACCA’s definition of “violent felony” as “violent force— that is, force capable of causing physical pain or injury to another person.” Id. at 1271; see also United States v. Harris, 608 F.3d 1222, 1226 (11th Cir.2010).
discussed Cited "see, e.g." United States v. Rainer
11th Cir. · 2010 · signal: see, e.g. · confidence medium
See, e.g., United States v. Harris, 608 F.3d 1222, 1223-24 (11th Cir.2010); United States v. Lee, 586 F.3d 859, 872-74 (11th Cir.2009); United States v. Harrison, 558 F.3d 1280, 1290-96 (11th Cir.2009); United States v. Wade, 458 F.3d 1273, 1277-78 (11th Cir.2006); United States v. Dowd, 451 F.3d 1244, 1255 (11th Cir.2006); United States v. James, 430 F.3d 1150, 1155-57 (11th Cir.2005). 2 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Donald Ray HARRIS, Defendant-Appellant
07-15811.
Court of Appeals for the Eleventh Circuit.
Dec 29, 2008.
608 F.3d 1222
2010 WL 2382401
Susan Hollis Rothstein-Youakim, U.S. Attorney’s Office/Middle District, Tampa, FL, Peggy Morris Ronca, Orlando, FL, for Plaintiff-Appellee., Craig L. Crawford, Federal Public Defender’s Office, Donna Lee Elm, Orlando, FL, for Defendant-Appellant.
Carnes, Barkett, Pryor.
Cited by 2 opinions  |  Unpublished
Pinpoint authority: bottom 56%
PER CURIAM:

Donald Ray Harris appeals his conviction for possession of a firearm by a convicted felon under 18 U.S.C. § 922(g)(1) and his 240-month sentence under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). We affirm Harris’ conviction and sentence.

I.

Harris was arrested after a neighbor observed him firing a semiautomatic rifle at a house in Mims, Florida. At trial, the government presented evidence that the rifle was made in Romania, imported by Century Arms International of Vermont, and found in Harris’ possession in Florida. The ammunition Harris used was manufactured in Winchester, Illinois. Harris stipulated that he was a convicted felon, and the jury convicted him of possessing a firearm in violation of 18 U.S.C. § 922(g)(1).

The Pre-sentence Investigation Report (PSI) recommended that the court sentence Harris as an armed career criminal under 18 U.S.C. § 924(e). To qualify as an armed career criminal, a defendant must have three prior convictions for violent felonies or serious drug offenses, each of which occurred on a separate occasion. According to this rubric, the district court found that Harris had two convictions for selling cocaine and one under Fla. Stat. § 800.04(3) for sexual battery on a child under the age of sixteen. The government proved these crimes by submitting certified copies of Harris’ convictions, which[*554] were based on guilty pleas, to the district court. The district court then concluded that the sexual battery charge was a “violent felony” within the meaning of § 924(e) and sentenced Harris as an armed career criminal.

The ACCA provision that the district court relied on established a statutory minimum sentence of fifteen years. Under the sentencing guidelines, Harris’ range was 262-327 months. The district court departed from the guidelines under United States v. Booker; 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and sentenced Harris to 240 months’ imprisonment.

Harris brings four challenges to his conviction and sentence. He contends that: (1) his conviction under Fla. Stat. § 800.04(3) is not a violent felony and thus not a predicate offense under the ACCA; (2) that the district court violated his Sixth Amendment rights by sentencing him under the ACCA based on prior convictions that were not proven to a jury beyond a reasonable doubt; (3) that his conviction violates the Due Process and Commerce clauses because there was insufficient evidence to establish a nexus between the firearm and interstate commerce; and (4) that 18 U.S.C. § 922(g) is unconstitutional on its face because it is not limited to interstate commerce and because it exceeds the scope of Congress’ power under the Commerce clause.

II.

Harris contends that his conviction for sexual battery of a child under Fla. Stat. § 800.04(3) is not a violent felony within the meaning of § 924(e). Therefore, Harris argues, ACCA should not apply to his case, and he should be sentenced under § 924(a)(2), which carries a ten-year statutory maximum. We review de novo the district court’s conclusion that a particular offense is a violent felony under 18 U.S.C. § 924(e). United States v. Day, 465 F.3d 1262, 1264 (11th Cir.2006).

In determining whether Fla. Stat. § 800.04(3) describes a violent felony, we must use a “formal categorical approach” in which we examine only the statutory definition of the offense and not the particular facts on which Harris’ conviction was based. See Taylor v. United States, 495 U.S. 575, 600, 110 S.Ct. 2143, 2159, 109 L.Ed.2d 607 (1990) (“The Courts of Appeals uniformly have held that § 924(e) mandates a formal categorical approach, looking only to the statutory definitions of the prior offenses, and not to the particular facts underlying those convictions.... We find the reasoning of these cases persuasive.”). Thus, the proper question is whether the act prohibited by Fla. Stat. § 800.04(3) is a violent felony.

We must first determine whether Harris was convicted under the version of § 800.04(3) that was effective before October 1990 or the version effective between 1990 and 1996, when Harris was charged and convicted. The 1996 version of § 800.04(3) stated:

800.04. Lewd, lascivious, or indecent assault or act upon or in presence of child
Any person who:
(3) Commits an act defined as sexual battery under s. 794.011(l)(h) upon any child under the age of 16 years ... is guilty of a felony of the second degree

Fla. Stat. § 800.04(3) (1990-1996).

But Harris argues that there is no evidence in the record as to when his crime occurred. Harris then argues that, if the crime happened before October 1,1990, his 1996 conviction could be based on the preOctober 1990 version of Fla. Stat. § 800.04(3). That version stated:

[*555] 800.04. Lewd, lascivious, or indecent assault or act upon or in presence of child; sexual battery Any person who:
(2) Commits an act defined as sexual battery under s. 794.011(l)(h) upon any child under the age of 16 years; or (3) Knowingly commits any lewd or lascivious act in the presence of any child under the age of 16 years ... is guilty of a felony of the second degree.

Fla. Stat. § 800.04 (1989). The government submitted only Hams’ judgment of conviction to the district court. That judgment, dated August 19, 1996, lists the crime as “sexual act with a child under 16 years of age” and cites § 800.04(3). Without more evidence that the 1996 statute applied, Harris argues that the 1990 version, which he further contends did not qualify as a violent felony, may have been what the 1996 Florida court used.

It is clear from the record that Harris was convicted under the 1996 version of § 800.04(3). In his arguments to the district court Harris repeatedly referred to his crime as “statutory rape.” That description, while fitting § 800.04(3) (1990-1996), is inconsistent with § 800.04(3) (pre-1990), which refers simply to lewd or lascivious acts in the presence of a child. Harris’ description of his crime as “statutory rape” describes pre-1990 § 800.04(2), not § 800.04(3). Yet the 1996 judgment form clearly notes the offense as falling under § 800.04(3), and also describes it as “sexual act with a child under 16 years of age.” That description also comports far better with the 1990-1996 version of § 800.04(3) than the pre-1990 one. Finally, we observe that Harris has never outright claimed that the actual offense occurred before October 1990 — he claims only that it might have. Thus Harris has given us no good reason to doubt what appears to be obvious: that the 1996 court’s undated statutory citation and corroborating description refer to the version of the statute effective at that time.

Violating the 1996 version of Fla. Stat. § 800.04(3) is a violent felony under ACCA, 18 U.S.C. § 924(e)(2)(B). Section 924(e)(2)(B) defines “violent felony” as any felony that: “(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (ii) is a burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another ...” We have held that “[t]he plain meaning of ‘physical force’ is power, violence, or pressure directed against a person consisting in a physical act.” United States v. Griffith, 455 F.3d 1339, 1342 (11th Cir.2006) (quotation omitted). Physical force is a minimal requirement satisfied by physical contact, which cannot be achieved without some degree of Newtonian force. Id. at 1342. Congress did not insert the term “violent” into its description of physical force, and neither will we. Id. at 1343-45.

United States v. Young, 527 F.3d 1274 (11th Cir.2008), is instructive. In Young, we held that a violation of Fla. Stat. § 784.085, “Battery of child by throwing, tossing, projecting, or expelling certain fluids or materials,” qualified as a crime of violence under U.S.S.G. § 4B1.2. 527 F.3d at 1277-78. U.S.S.G. § 4B1.2 is nearly identical to § 924(e)(2)(B), and our cases interpreting that guideline “provide important guidance in determining what is a ‘violent felony’ under the ACCA.” United States v. Taylor, 489 F.3d 1112, 1113 (11th Cir.2007). Fla. Stat. § 784.085(1) makes it “unlawful for any [adult] to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, pro[*556] jecting, or expelling such fluid or material.” In Young, we reasoned that:

[The actions outlawed by § 784.085(1)] require a physical act and are directed against a person. Thus, the only remaining requirement for physical force is that it involve “power, violence, or pressure.” ... The impact of the fluids against the child creates pressure and this minimal contact satisfies the requirement of physical force. Therefore, we conclude that the offense is a crime of violence.

527 F.3d at 1278. In other words, the act of intentionally ejaculating on a child, even without any other physical touch, qualifies as a crime of violence under statutory language identical to § 924(e)(2)(B)(i)’s “violent felony.”

By comparison, § 800.04(3) (1996) required that Harris “Commit[] an act defined as sexual battery under § 794.011(l)(h) upon any child under the age of 16 years.... ” Under § 794.011(l)(h), “Sexual battery means oral, anal, or vaginal penetration by, or union with, the sexual organ of another.” Certainly, there is at least as much physical contact involved in “oral, anal, or vaginal penetration by, or union with [sexual organs]” as in “throwing, tossing, projecting, or expelling” fluids. See § 794.011(l)(h); § 785.084(1). Accordingly, under this Court’s minimal physical contact requirement, a violation of Fla. Stat. § 800.04(3) (1996) is a violent felony. See also United States v. Ivory, 475 F.3d 1232, 1236 (11th Cir.2007) (finding that statutory rape, as defined by Alabama law, is a crime of violence under § 4B1.2). Harris thus qualified for sentencing as an armed career criminal under ACCA. [1]

III.

Harris contends that his 240-month sentence violates the Sixth Amendment under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because it was based in part on his three prior felony convictions, none of which were proven to the jury beyond a reasonable doubt. Whether the district court erred under Apprendi is a question of law subject to de novo review. United States v. Candelario, 240 F.3d 1300, 1306 (11th Cir.2001).

In Almendarez-Torres v. United States, 523 U.S. 224, 239-40, 118 S.Ct. 1219, 1228-29, 140 L.Ed.2d 350 (1998), the Supreme Court held that the government need not prove a defendant’s prior convictions beyond a reasonable doubt in order for the district court to use those convictions to enhance a sentence. See United States v. Camacho-Ibarquen, 410 F.3d 1307, 1315-16 (11th Cir.2005). In Booker, 543 U.S. at 244, 125 S.Ct. at 756, the Supreme Court confirmed that Almendarez-Torres applies to Sixth Amendment cases. Id. (“Any fact (other than a prior conviction) which is necessary to support a sentence exceeding the maximum authorized by the facts established by a plea of guilty or a jury verdict must be admitted by the defendant or proved to a jury beyond a reasonable doubt.”) (emphasis added).

[*557] Although Almendarez-Torres has been criticized, it has not been overruled and we must follow it. See Camacho-Ibarquen, 410 F.3d at 1316 n. 3; United States v. Shelton, 400 F.3d 1325, 1329 (11th Cir.2005) (“[The Supreme Court’s] conclusion was left undisturbed by Apprendi, Blakely, and Booker.”). Under AlmendarezTon-es, the district court did not violate Harris’ Sixth Amendment rights by enhancing his sentence using his three prior violent felony convictions, although they were not proved beyond a reasonable doubt to a jury.

IV.

Harris also contends that the government failed to establish a nexus between his rifle and interstate commerce. Harris argues that though the government demonstrated that the rifle traveled from Romania to Vermont to Florida, it provided no evidence that the gun had ever been bought or sold. According to Harris, his rifle therefore had no proven connection to interstate commerce. Therefore, Hams argues, the district court erred in denying his motion for a judgment of acquittal. We review sufficiency of the evidence challenges de novo, viewing the evidence in the light most favorable to the government. United States v. Futrell, 209 F.3d 1286, 1288 (11th Cir.2000).

The offense Harris was convicted of requires the government to demonstrate, beyond a reasonable doubt, that “any firearm or ammunition” was “possessed] in or affecting commerce.” 18 U.S.C. § 922(g)(1); In re Winship, 397 U.S. 358, 362, 90 S.Ct. 1068, 1071, 25 L.Ed.2d 368 (1970) (the government must prove each element beyond a reasonable doubt). More specifically, the government must prove that “the firearm possessed traveled in interstate commerce.” United States v. Scott, 263 F.3d 1270, 1274 (11th Cir.2001).

United States v. Dupree, 258 F.3d 1258, 1260 (11th Cir.2001) controls. In Dwpree, we held that “ § 922(g) requires only a minimal nexus to interstate commerce ... and by brandishing a firearm that was manufactured in California and found in his car [in Georgia], Dupree’s actions satisfy this test.” Here, the government presented uncontradicted testimony that the rifle was made in Romania, imported into Vermont, and found in Harris’ track in Florida. Similarly, Harris’ ammunition was manufactured in Illinois. Under Dupree, the government has proved a minimal but sufficient nexus to interstate commerce. See 258 F.3d at 1260.

V.

Finally, Harris contends that 18 U.S.C. § 922(g) is unconstitutional on its face because although it states that felons may not “possess in or affecting commerce, any firearm or ammunition,” it fails to specify interstate commerce in that clause. Harris also argues that § 922(g) is unconstitutional because Congress, in failing to require a substantial nexus to interstate commerce, acted outside of the scope of its Commerce clause powers. Harris failed to raise these constitutional objections before the district court, so we review them only for plain error. United States v. Williams, 121 F.3d 615, 618 (11th Cir.1997).

Harris’ arguments drown in a flood of precedent. As Harris admits, we have specifically rejected both of his constitutional challenges to § 922(g), in United States v. Nichols, 124 F.3d 1265 (11th Cir.1997) (upholding § 922(g) against a facial challenge based on the absence of the word “interstate”), and United States v. McAllister, 77 F.3d 387, 390 (11th Cir.1996) (rejecting the argument that § 922(g) must require a substantial effect on interstate commerce). See also United [*558] States v. De Leon, 170 F.3d 494, 499 (5th Cir.1999) (“[T]he constitutionality of § 922(g)(1) is not open to question.”); United States v. Chesney, 86 F.3d 564, 570 (6th Cir.1996) (“In accordance with the prior decisions of the First, Second, Third, Fourth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits, we conclude that § 922(g)(1) is constitutional on its face under the Commerce Clause analysis used by the Supreme Court in Lopez.”).

None of Harris’ arguments have merit. His conviction and sentence are affirmed.

AFFIRMED.

1

. Harris’ arguments based on Begay v. United States, - U.S. -, 128 S.Ct. 1581, 170 L.Ed.2d 490 (2008) are not relevant because Begay explicitly addressed only § 924(e)(2)(B)(ii) (any felony that “is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another”), not § 924(e)(2)(B)(i) (any felony that “has as an element the use, attempted use, or threatened use of physical force against the person of another.”). Thus, the Supreme Court's holding that DUI was not a violent felony under clause (ii) has no bearing on whether statutoiy rape is a violent felony under clause (i).