United States v. Robert Earl Oliver, 20 F.3d 415 (11th Cir. 1994). · Go Syfert
United States v. Robert Earl Oliver, 20 F.3d 415 (11th Cir. 1994). Cases Citing This Book View Copy Cite
74 citation events (50 in the last 25 years) across 9 distinct courts.
Strongest positive: United States v. Warren Travis Golden (ca11, 2017-01-24)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Warren Travis Golden (2×) also: Cited "see"
11th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
precisely the same analytical framework applied by the courts in ascertaining the scope of a 'crime of violence' logically obtains with respect to the question of what kind of conduct comprises a 'violent felony.
examined Cited as authority (verbatim quote) In re: Gilberto Rivero (2×) also: Cited "see"
11th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
precisely the same analytical framework applied by the courts in ascertaining the scope of a 'crime of violence' logically obtains with respect to the question of what kind of conduct comprises a 'violent felony' .
examined Cited as authority (verbatim quote) In re: Gilberto Rivero
11th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
precisely the same analytical framework applied by the courts in ascertaining the scope of a 'crime of violence' logically obtains with respect to the question of what kind of conduct comprises a 'violent felony' .
examined Cited as authority (verbatim quote) In re: Gilberto Rivero
11th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
precisely the same analytical framework applied by the courts in ascertaining the scope of a 'crime of violence' logically obtains with respect to the question of what kind of conduct comprises a 'violent felony' .
examined Cited as authority (verbatim quote) United States v. Lancaster
6th Cir. · 2007 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the only language in either 4b1.2 or 924(e) that might implicate the level of violence involved in the possession of a firearm is that which proscribes 'conduct that presents a serious potential risk of physical injury to another.
discussed Cited as authority (rule) Jerome Williams v. United States
11th Cir. · 2021 · confidence medium
At the time of Mr. Williams’ 1998 sentencing, we (and the Supreme Court) had instructed district courts to employ a categorical approach to determine whether an offense constituted a violent felony under the ACCA’s elements clause, i.e., by “looking only to the statutory definitions of the prior offense.” United States v. Oliver, 20 F.3d 415, 418 (11th Cir. 1994) (quoting Taylor v. United States, 495 U.S. 22 USCA11 Case: 19-10308 Date Filed: 01/13/2021 Page: 23 of 27 575 (1990)).
discussed Cited as authority (rule) Reinaldo Santos v. United States
11th Cir. · 2020 · confidence medium
Thus, for example, in United States v. Oliver, we held that the residual clause had to be interpreted “in light of” the preceding enumerated offenses clause, which lists burglary, arson, and the use of explosives “as descriptive of violent felonies”: “These offenses each manifest affirmative, overt and active conduct in which the danger posed to others extends beyond the mere possession of a weapon, and is far 17 USCA11 Case: 17-14291 Date Filed: 12/10/2020 Page: 18 of 23 more threatening in an immediate sense.” 20 F.3d 415, 418 (11th Cir. 1994).
discussed Cited as authority (rule) United States v. Wilfong
10th Cir. · 2018 · confidence medium
See United States v. Flores, 477 F.3d 431, 436 (6th Cir. 2007) (“Section 924(e)(2)(B)(ii) . . . provides that the use— rather than the possession—of explosives is conduct that rises to the level of a violent felony.”); United States v. Alexander, 217 F. App'x 417, 421 (6th Cir. 2007) (unpublished) (“[T]he enumerated ‘violent felonies’—burglary, arson, extortion, use of explosives—all typically require the offender to engage in active conduct. . . . [A]n individual who merely possesses explosives or possesses a match would not commit a ‘violent felony[.]’”); United State…
discussed Cited as authority (rule) In re: Leonard Sapp (2×)
11th Cir. · 2016 · confidence medium
Not surprisingly, we have interpreted the two clauses using “[precisely the same analytical framework.” United States v. Oliver, 20 F.3d 415, 418 (11th Cir. 1994).
cited Cited as authority (rule) United States v. Nicholas Maida
11th Cir. · 2016 · confidence medium
United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994). 4 .
discussed Cited as authority (rule) United States v. Martin Sanbria-Bueno
6th Cir. · 2013 · confidence medium
See, e.g., United States v. Rivera-Santana, 668 F.3d 95, 101-02 (4th Cir.2012) (holding district court did not impermissibly engage in triple- or quadruple-counting when it relied on prior convictions to determine that the sixteen-level enhancement applied, in calculating the criminal history category, in departing upward, and in varying upward); United States v. Martinez-Carmona, 415 Fed.Appx. 811 , 812 (9th Cir.2011) (holding district court did not impermissibly engage in triple-counting when it relied on prior convictions to calculate criminal history category, enhance the offense level, an…
discussed Cited as authority (rule) United States v. McGill (2×)
11th Cir. · 2010 · confidence medium
Because this Guidelines definition almost perfectly mirrors the ACCA's definition of "violent felony,” "(p]recisely the same analytical framework applied by the courts in ascertaining the scope of a ‘crime of violence’ logically obtains with respect to ... what kind of conduct [composes] a ‘violent felony.’ ” United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994). 6 .
cited Cited as authority (rule) United States v. Thomson
6th Cir. · 2008 · confidence medium
LEXIS 10785, No. 99-4196, at *6 (6th Cir. May 9, 2000) (citing United States v. Wilson, 168 F.3d 916, 928 (6th Cir.1999) and United States v. Oliver, 20 F.3d 415, 417 (11th Cir.1994)). 3.
examined Cited as authority (rule) United States v. Flores (3×) also: Cited "see", Cited "see, e.g."
6th Cir. · 2007 · confidence medium
Id. at 401-02 (citing United States v. Oliver, 20 F.3d 415, 418 (11th Cir. 1994)).
examined Cited as authority (rule) United States v. Oscar Flores (3×) also: Cited "see", Cited "see, e.g."
6th Cir. · 2007 · confidence medium
Id. at 401-02 (citing United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994)).
discussed Cited as authority (rule) United States v. Donald Edward Miles (2×)
11th Cir. · 2002 · confidence medium
Miles argues that this court in United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994), held that possession of a firearm by a felon is not a violent felony within the meaning of section 924(e)(2)(B); therefore, his firearm conviction does not qualify as a violent felony.
discussed Cited as authority (rule) United States v. Lane, Donald K.
7th Cir. · 2001 · confidence medium
See Royce v. Hahn, 151 F.3d 116, 123-24 (3d Cir. 1998) (identical definition in statute requiring Bureau of Prisons to notify local law enforcement authorities of imminent release of certain prisoners); United States v. Flennory, 145 F.3d 1264, 1268 (11th Cir. 1998) (identical definition in statute punishing various firearm offenses); United States v. Canon, 993 F.2d 1439, 1441 (9th Cir. 1993) (ditto); United States v. Oliver, 20 F.3d 415, 418 (11th Cir. 1994) (per curiam) ("violent felony" defined for purposes of the same firearms statute as in Flennory and Canon as a felony that "involves co…
discussed Cited as authority (rule) United States v. Donald K. Lane
7th Cir. · 2001 · confidence medium
See Royce v. Hahn, 151 F.3d 116, 123-24 (3d Cir.1998) (identical definition in statute requiring Bureau of Prisons to notify local law enforcement authorities of imminent release of certain prisoners); United States v. Flennory, 145 F.3d 1264, 1268 (11th Cir.1998) (identical definition, in statute punishing various firearm offenses); United States v. Canon, 993 F.2d 1439, 1441 (9th Cir.1993) (ditto); United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994) (per curiam) (“violent felony” defined, for purposes of the same firearms statute as in Flennory and Canon , as a felony that “invol…
discussed Cited as authority (rule) Cook v. Sivley
11th Cir. · 2000 · signal: cf. · confidence medium
See United States v. Flennory, 145 F.3d 1264, 1268 (11th Cir.1998) (stating that possession of a firearm by a felon is not a “crime of violence” as defined in § 924(c)(3) for purposes of the mandatory minimum sentences in § 924(c)(1)) (citing United States v. Canon, 993 F.2d 1439, 1441 (9th Cir.1993)); cf. United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994) (holding that possession of a firearm by a felon is not a “violent felony” as defined in § 924(e) and cannot be used to enhance the sentence of a defendant as an armed career criminal under U.S.S.G. § 4B1.4).
discussed Cited as authority (rule) Cook v. Sivley
11th Cir. · 2000 · signal: cf. · confidence medium
See United States v. Flennory, 145 F.3d 1264, 1268 (11th Cir. 1998) (stating that possession of a firearm by a felon is not a “crime of violence” as defined in § 924(c)(3) for purposes of the mandatory minimum sentences in § 924(c)(1)) (citing United States v. Canon, 993 F.2d 1439, 1441 (9th Cir. 1993)); cf. United States v. Oliver, 20 F.3d 415, 418 (11th Cir. 1994) (holding that possession of a firearm by a felon 6 is not a “violent felony” as defined in § 924(e) and cannot be used to enhance the sentence of a defendant as an armed career criminal under U.S.S.G. § 4B1.4).
discussed Cited as authority (rule) Zuliken S. Royce v. John E. Hahn, Warden
3rd Cir. · 1998 · confidence medium
In United States v. Garcia-Cruz, 978 F.2d 537, 542-43 (9th Cir.1992), and United States v. Oliver, 20 F.3d 415, 416 (11th Cir.1994) (per curiam), both Courts held, after examining Guidelines case law, that the felon in possession offense was not a violent felony under § 924(e).
discussed Cited as authority (rule) Royce v. Hahn
3rd Cir. · 1998 · confidence medium
In United States v. Garcia-Cruz, 978 F.2d 537, 542-43 (9th Cir. 1992), and United States v. Oliver, 20 F.3d 415, 416 (11th Cir. 1994) (per curiam), both Courts held, after examining Guidelines case law, that the felon in possession offense was not a violent felony under section 924(e).
discussed Cited as authority (rule) Royce v. Hahn
3rd Cir. · 1998 · confidence medium
In United States v. Garcia-Cruz, 978 F.2d 537, 542-43 (9th Cir. 1992), and United States v. Oliver, 20 F.3d 415, 416 (11th Cir. 1994) (per curiam), both Courts held, after examining Guidelines case law, that the felon in possession offense was not a violent felony under section 924(e).
cited Cited as authority (rule) United States v. Patton
11th Cir. · 1997 · confidence medium
United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994) (per curiam).
discussed Cited as authority (rule) United States v. J.B. Farris, United States of America v. Jeffrey Bernard Bush
11th Cir. · 1996 · confidence medium
Bush, relying on United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994), argues that his robbery conviction cannot be substituted to sustain his sentence. 12 *398 We believe Bush’s reliance on Oliver misplaced.
discussed Cited as authority (rule) United States v. Alonzo Hall, Sedrick Latroy McKinney (2×)
11th Cir. · 1996 · confidence medium
Armed Career Criminal Status 8 McKinney claims that his conviction for carrying a concealed firearm was improperly used to classify him as an armed career criminal under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924 (e). 2 McKinney argues that, because possession of a firearm by a convicted felon is not a violent felony under the ACCA, see United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994), the carrying of a firearm is also no violent felony under the ACCA.
discussed Cited "see" Gilbert v. United States
11th Cir. · 2011 · signal: see · confidence high
See United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994) ("Precisely the same analytical framework applied by the courts in ascertaining the scope of a `crime of violence' [under the career offender guideline] logically obtains with respect to the question of what kind of conduct comprises a `violent felony' [under the Armed Career Criminal Act (ACCA)].").
discussed Cited "see" Ezell Gilbert v. United States (2×)
11th Cir. · 2011 · signal: see · confidence high
See United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994) (“Precisely the same analytical framework applied by the courts in ascertaining the scope of a ‘crime of violence’ [under the career offender guideline] logically obtains with respect to the question of what kind of conduct comprises a ‘violent felony’ [under the Armed Career Criminal Act (ACCA) ].”).
discussed Cited "see" United States v. Alexander
6th Cir. · 2007 · signal: see · confidence high
See United States v. Oliver, 20 F.3d 415, 418 (11th Cir.1994) (“These [enumerated] offenses each manifest affirmative, overt and active conduct in which the danger posed to others ... is far more threatening in an immediate sense.”).
cited Cited "see" United States v. Singleton, Carlos T.
D.C. Cir. · 1999 · signal: see · confidence high
See United States v. Oliver, 20 F.3d 415, 417-18 (11th Cir.1994); Doe, 960 F.2d at 223-26 .
discussed Cited "see" United States v. Barry Lawrence Spell
11th Cir. · 1995 · signal: see · confidence high
See United States v. Oliver, 20 F.3d 415, 417 (11th Cir.1994), Thus, a district court only may inquire into the conduct surrounding a conviction if ambiguities in the judgment make the crime of violence determination impossible from the face of the judgment itself.
cited Cited "see" United States v. Lawrence A. Saffeels
8th Cir. · 1994 · signal: see · confidence high
See United States v. Oliver, 20 F.3d 415, 419 (11th Cir.1994) (triple-counting is permissible under the Wyckoff analysis).
discussed Cited "see, e.g." United States v. Lancaster
6th Cir. · 2007 · signal: see also · confidence medium
"Although 'crime of violence’ and 'violent felony’ are terms of art whose definitions are not interchangeable, the operative language under § 4B1.2’s definition of 'crime of violence’ is identical to the language used to define 'violent felony' under 18 U.S.C. § 924 .” Flores, 477 F.3d at 437 ; see also United States v. Oliver, 20 F.3d 415, 417 (11th Cir.1994) ("The only language in either § 4B1.2 or § 924(e) that might implicate the level of violence involved in the possession of a firearm is that which proscribes 'conduct that presents a serious potential risk of physical injur…
discussed Cited "see, e.g." United States v. Triplett
10th Cir. · 2005 · signal: see also · confidence medium
See United States v. Saffeels, 39 F.3d 833 , 836-37 & n. 2 (8th Cir.1994) (holding “triple-counting” permissible, where defendant’s prior felonies were used to convict him as a felon-in-possession under 18 U.S.C. § 922 (g), enhance his sentence under the ACCA, and determine his criminal history category under U.S.S.G. § 4A1.1); see also United States v. Oliver, 20 F.3d 415, 418-19 (11th Cir.1994) (per curiam).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Robert Earl OLIVER, Defendant-Appellant
92-7109.
Court of Appeals for the Eleventh Circuit.
May 5, 1994.
20 F.3d 415
Carter A. Robinson, Huntsville, AL, for plaintiff-appellee., Jack W. Selden, U.S. Atty., Pamela G. Daniel, Asst. U.S. Atty., Birmingham, AL, for defendant-appellant.
Kravitch, Birch, Fay.
Cited by 51 opinions  |  Published
Pinpoint authority: bottom 54%
PER CURIAM:

Robert Earl Oliver was convicted of several offenses, including possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1), and was sentenced as an armed career criminal under U.S.S.G. § 4B1.4. Oliver appeals his sentence, arguing that the district court erred in classifying his prior conviction for possession of a firearm by a convicted felon as a “violent felony” under the relevant guideline provision, and in triple-counting his prior robbery conviction in determining-his current offense, his criminal history and his offense level. We hold that possession of a firearm by a convicted felon does not constitute a “violent felony” within the meaning of section 4B1.4, and therefore remand this case for resentencing in light of this opinion. With respect to Oliver’s claim of “triple-counting,” we conclude that the district court committed no error.

I.

Oliver, a convicted felon, was indicted on August 28,1992, for two counts of possession of a firearm by a convicted felon, 18 U.S.C. § 924(g)(1), and one count of making a false statement in connection with the acquisition of a firearm, 18 U.S.C. § 922(a)(6). These charges arose from two separate incidents in which Oliver pawned several revolvers to a federally licensed firearms dealer. A jury found him guilty on all counts on November 3,1992. Following a sentencing hearing, the district court adopted the sentencing calculation set forth in the presentence investigation report, and found that Oliver was an armed career criminal pursuant to U.S.S.G. § 4B1.4. The court determined that “the three violent felony convictions that cause him to qualify for that treatment would be the 1979 possession of a pistol as a convicted felon, the 1980 carnal knowledge conviction and the 1980 robbery conviction.” The court further suggested that “those are by no means the extent of [Oliver’s] prior convictions but those are the three that I am focusing on for the purposes of the armed career offender classification.” Oliver was sentenced to 276 months of incarceration.

II.

Oliver’s principal contention is that the district court erred in construing his 1980 conviction for possession of a firearm by a felon as one of the three prior convictions necessary to subject him to the mandatory-minimum sentence reserved for armed career criminals. Under the Guidelines, “[a] defendant who is subject to an enhanced sentence under the provisions of 18 U.S.C. § 924(e) is an armed career criminal.” U.S.S.G. 4B1.4(a). The referenced statute provides, in pertinent part:

In the case of a person who violates section 922(g) [1] of this title and has three previous[*417] convictions ... for a violent felony ... such person shall be fined not more than $25,000 and imprisoned not less than 15 years....

18 U.S.C. § 924(e). The primary question raised by Oliver on appeal requires this court to resolve whether possession of a firearm by a convicted felon is a “violent felony” within the meaning of the statute.

Section 924(e) defines a violent felony as

“any crime punishable by imprisonment of a term exceeding one year, or any act of juvenile delinquency involving the use or carrying of a firearm, knife or destructive device that would be punishable by imprisonment by such term if committed by an adult, that
(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or
(ii) is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another....

Those few courts that have addressed the meaning of “violent felony” pursuant to § 924(e) as encompassed by U.S.S.G. § 4B1.4 have looked to the language of a corollary guideline provision for career offenders, U.S.S.G. § 4B1.1. See, e.g., United States v. Garcia-Cruz, 978 F.2d 537 (9th Cir.1992), cert. denied, — U.S. -, 113 S.Ct. 2453, 124 L.Ed.2d 669 (1993); United States v. Doe, 960 F.2d 221 (1st Cir.1992). A “career offender” under § 4B1.1 is defined by, inter alia, the commission of a “crime of violence.” The definition of “crime of violence,” as set forth in § 4B1.2, is similar to “violent felony” in § 924(e). [2] The commentary to § 4B1.2, however, specifically excludes the unlawful possession of a firearm by a felon from the purview of “crime of violence” as that term is defined by the guideline [3] , an interpretation to which this court is bound. See Stinson v. United States, — U.S. -, -, 113 S.Ct. 1913, 1915, 123 L.Ed.2d 598 (1993) (“[C]om-mentary in the Guidelines Manual that interprets or explains a guideline is authoritative unless it violates the Constitution or a federal statute, or is inconsistent with, or a plainly erroneous reading of, that guideline.”) No like provision exists in the statutory definition of “violent felony.”

The application note following § 4B1.4 explicitly states that “[t]he definitio[n] of “violent felony” ... in 18 U.S.C. § 924(e) ... [is] not identical to the definitio[n] of ‘crime of violence’ .... used in § 4B1.1.” It is important to note that the phrases “crime of violence” and “violent felony,” as employed in the guidelines and in § 924(e) respectively, are distinctly worded terms of art that, while apparently similar, are not interchangeable. Section 924(e), for instance, is far broader in scope than § 4B1.1, and explicitly encompasses within its reach the commission of any juvenile offense that would constitute a felony if committed by an adult. Language pertaining to juvenile convictions is notably absent from the text of either § 4B1.1 or its definitional section, § 4B1.2. Nonetheless, we conclude that the two expressions are not conceptually distinguishable for purposes of the narrow question raised in this appeal. The only language in either § 4B1.2 or § 924(e) that might implicate the level of violence involved in the possession of a firearm is that which proscribes “conduct that presents a serious potential risk of physical injury to another.” As stated previously, courts interpreting §§ 4B1.1 and 4B1.2, prior to the commentary that binds courts on this issue, almost uniformly held that possession of a firearm by a convicted felon does not[*418] rise to the level - of conduct presenting a serious potential risk of physical injury, and thus cannot be construed as a “crime of violence.” See, e.g., United States v. Johnson, 953 F.2d 110, 115 (4th Cir.1991) (“While a felon in possession of a firearm may pose a statistical danger to society, we refuse to interpret this statistical threat as evidence of specific intent on the part of an individual defendant. We hold, therefore, that the offense, felon in possession of a firearm, in the absence of any aggravating circumstances charged in the indictment, does not constitute a per se “crime of violence” under the provisions of U.S.S.G. § 4B1.2.”); United States v. Chapple, 942 F.2d 439, 442 (7th Cir.1991) (“[T]he threat posed by simple possession of a weapon, without more, does not rise to the level of an act that ‘by its nature, presented a serious potential risk of physical injury to another.’ ”) (citation omitted); United States v. Fitzhugh, 954 F.2d 253, 255 (5th Cir.1992) (“[T]he specific offense of unlawful possession of a firearm simply’ does not constitute a ‘crime of violence.’ ”) This reasoning was again implemented by the Sentencing Commission in its November, 1992 amendments to the commentary to § 4B1.2. Precisely the same analytical framework applied by the courts in ascertaining the scope of a “crime of violence” logically obtains with respect to the question of what kind of conduct comprises a “violent felony.” It is reasonable to suggest that conduct which does not pose a “serious potential risk of physical injury to another” for purposes of § 4B1.1 and 4B1.2 similarly cannot pose such a risk with respect to § 924(e) and § 4B1.4. See also, United States v. Bell, 966 F.2d 703, 705 (1st Cir.1992) (“Although this appeal involves a sentence enhanced under U.S.S.G. § 4B1.1 rather than U.S.S.G. § 4B1.4, we believe that the two guideline provisions must be construed in pari passu ... ”)

By the same token, settled principles of statutory construction require us to interpret the provision in § 924(e)(2)(B)(ii) regarding conduct presenting a “serious potential risk of physical injury” in light of the language that precedes it, specifically enumerating “burglary, arson, or extortion, [or] use of explosives” as descriptive of violent felonies. These ‘ offenses each manifest affirmative, overt and active conduct in which the danger posed to others extends beyond the mere possession of a weapon, and is far more threatening in an immediate sense. Most significantly, the statute requires that the use — rather than possession — of explosives gives rise to a potential violent felony. It is unlikely that in enacting § 924(e), Congress intended that the possession of a firearm be deemed a violent felony, while the possession of explosives would not be so categorized. We therefore conclude that possession of a firearm by a convicted felon does not constitute a .“violent felony” within the meaning of § 924(e), and thus cannot be considered a predicate prior conviction for purposes of sentence enhancement under § 4B1.4. [4]

We note that at sentencing, the district court found that Oliver had other prior convictions, but did not articulate whether these convictions might also be violent felonies and thus serve to enhance Oliver’s sentence under § 4B1.4. Because we can neither discern nor infer which convictions the court may have intended to include in its description of Oliver’s criminal history, we decline to adopt the government’s claim of harmless error. Instead, we remand this ease for resentencing in light of our determination that possession of a firearm by a felon is not a “violent felony” as that term is set forth in 18 U.S.C. § 924(e) and U.S.S.G. § 4B1.4.

III.

Oliver also argues that because his 1980 robbery conviction was used as the basis for the instant offense as well as in the calculation of his offense level and criminal history, the sentencing court erred in “triple-[*419] counting” this conviction. We state, without further comment, that this circuit previously has held that double or triple-counting a single offense for entirely distinct purposes under the Guidelines is permissible. See United States v. Wyckoff, 918 F.2d 925 (11th Cir.1990). We therefore conclude that the district court did not err in counting Oliver’s 1980 robbery conviction when determining one of the predicate offenses giving rise to his status as an “armed career criminal,” and in calculating his offense level and his criminal history.

IV.

For the foregoing reasons, we REMAND this case to the district court with directions to vacate the sentence imposed and to resen-tence Oliver in accordance with this decision.

1

. 18 U.S.C. § 922(g)(1) makes it unlawful for any person

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; ...

2

. Under § 4B1.2,

(1) The term "crime of violence” means any offense under federal or state law punishable by a term of imprisonment exceeding one year that—
(i) has as an element the use, attempted use or threatened use of physical force against the person of another, or
(ii) is burglary of a dwelling, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.
3

. See § 4B1.2, Application Note 2.

4

. The government's suggestion that the conduct giving rise to Oliver’s 1980 conviction for possession of a firearm included pointing a pistol at another individual, thereby making this conduct tantamount to a violent felony, is unavailing. The Supreme Court has expressly held that in analyzing whether an offense is a "violent felony" pursuant to § 924(e), we must employ "a formal categorical approach, looking only to the statutory definitions of the prior offense, and not to the particular facts underlying those convictions." Taylor v. United States, 495 U.S. 575, 600, 110 S.Ct. 2143, 2159, 109 L.Ed.2d 607 (1990).