United States v. Michael J. Drayton, 113 F.3d 1191 (11th Cir. 1997). · Go Syfert
United States v. Michael J. Drayton, 113 F.3d 1191 (11th Cir. 1997). Cases Citing This Book View Copy Cite
“we therefore hold that a nolo contendere plea where adjudication is not withheld or where there is subsequently an adjudication of guilt is a conviction under florida law which satisfies the requirement of the armed career criminal statute.”
28 citation events (28 in the last 25 years) across 3 distinct courts.
Strongest positive: United States v. Willie Lee Lewis (ca11, 2020-10-28)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) United States v. Willie Lee Lewis (3×) also: Cited "see"
11th Cir. · 2020 · quote attribution · 1 verbatim quote · confidence high
we therefore hold that a nolo contendere plea where adjudication is not withheld or where there is subsequently an adjudication of guilt is a conviction under florida law which satisfies the requirement of the armed career criminal statute.
discussed Cited as authority (rule) United States v. Frederick L. Burrows (2×) also: Cited "see"
11th Cir. · 2014 · confidence medium
United States v. Drayton, 113 F.3d 1191, 1193 (11th Cir.1997) (per curiam).
cited Cited as authority (rule) United States v. Santiago
11th Cir. · 2010 · confidence medium
Id. at 1193.
discussed Cited as authority (rule) United States v. Anton
11th Cir. · 2008 · confidence medium
However, “a nolo contendré plea where adjudication is not withheld or where there is subsequently an adjudication of guilt is a conviction .... ” United States v. Drayton, 113 F.3d 1191, 1193 (11th Cir.1997).
discussed Cited as authority (rule) Andrew Burrell v. United States
2d Cir. · 2004 · confidence medium
As the Eleventh Circuit itself clarified in United States v. Drayton, “a nolo contendere plea where adjudication is not withheld or where there is subsequently an adjudication of guilt is a conviction under Florida law,” 113 F.3d 1191, 1193 (11th Cir.1997).
discussed Cited "see" United States v. Aaron Deshon Spears
11th Cir. · 2006 · signal: see · confidence high
See United States v. Drayton, 113 F.3d 1191, 1193 (11th Cir.1997) (saying that under Florida law, adjudication imposed after probation violation qualifies as a conviction for the ACCA). 2 Defendant also claims that this robbery conviction does not count for ACCA enhancement because he was only seven *1361 teen years old when he committed the robbery and was only convicted of having a deadly weapon, not specifically a firearm, knife, or destructive device.
discussed Cited "see" United States v. Harry James Chubbuck
11th Cir. · 2001 · signal: see · confidence high
See United States v. Willis, 106 F.3d 966, 968-69 (11th Cir. 1997), but see United States v. Drayton, 113 F.3d 1191, 1193 (11th Cir. 1997) (per curiam) (holding that a plea of nolo contendere where an adjudication is not withheld is a conviction under Florida law).
discussed Cited "see" United States v. Harry James Chubbuck (2×)
11th Cir. · 2001 · signal: see · confidence high
See United States v. Willis, 106 F.3d 966, 968-69 (11th Cir.1997), but see United States v. Drayton, 113 F.3d 1191, 1193 (11th Cir.1997) (per curiam) (holding that a plea of nolo contendere where an adjudication is not withheld is a conviction under Florida law).
discussed Cited "see, e.g." United States v. Darren L. Lee
11th Cir. · 2019 · signal: see also · confidence medium
Id. at 1342 ; see also United States v. Drayton, 113 F.3d 1191, 1193 (11th Cir. 1997) (holding that a Florida nolo conviction constitutes a prior conviction for purposes of the ACCA).
discussed Cited "see, e.g." United States v. Clifford B. Gandy, Jr. (2×)
11th Cir. · 2019 · signal: see also · confidence low
See Green II , 873 F.3d at 860 (collecting decisions); see also United States v. Drayton , 113 F.3d 1191 , 1193 (11th Cir. 1997) (holding that a Florida nolo conviction constitutes a prior conviction for purposes of the Armed Career Criminal Act).
discussed Cited "see, e.g." United States v. Robert William Green
11th Cir. · 2016 · signal: see, e.g. · confidence medium
See, e.g., Drayton, 113 F.3d at 1193 (finding that a Florida nolo conviction constitutes a prior conviction under the ACCA).
discussed Cited "see, e.g." United States v. Elphinston Derek Duhaney
11th Cir. · 2014 · signal: see also · confidence medium
See United States v. Fairchild, 803 F.2d 1121, 1124 (11th Cir.1986) (stating that a guilty plea “admits all the elements of a formal criminal charge” (quotation marks omitted)); United States v. Taffe, 36 F.3d 1047, 1049 (11th Cir.1994) (concluding that defendant who pled guilty to a charge, listed in the conjunctive, that he used and carried four firearms, one of which was equipped with a silencer, made a legally binding admission that he used and carried a firearm equipped with a silencer even though an accomplice actually carried the firearm with the silencer); see also United States v.…
discussed Cited "see, e.g." United States v. Saintaude
A.C.C.A. · 2002 · signal: compare · confidence medium
Compare United States v. Dray-ton, 113 F.3d 1191, 1193 (11th Cir.1997) (per curiam) (holding that a Florida nolo contendere plea with an adjudication of guilt constitutes a conviction); United States v. Grinkiewicz, 873 F.2d 253, 255 (11th Cir.1989) and United States v. Cook, 10 M.J. 138, 139 (C.M.A.1981) (both holding that a Florida guilty plea with adjudication of guilt withheld constitutes a conviction); and McCrae v. State, 395 So.2d 1145, 1153-54 (Fla.1980) (holding that for capital sentencing purposes, a plea of guilty without an adjudication of guilt may be used as a "conviction”) wit…
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Michael J. DRAYTON, Defendant-Appellant
96-2378.
Court of Appeals for the Eleventh Circuit.
May 30, 1997.
113 F.3d 1191
Public Defender’s Office, Joel T. Remland, Tampa. FL, James T. Skuthan, Federal Public Defender, Orlando, FL, for Defendant-Appellant., Tamra Phipps, Susan H. Rothstein, Asst. U.S. Attys., Tampa, FL, for Plaintiff-Appellee.
Birch, Carnes, Per Curiam, Roney.
Cited by 17 opinions  |  Published

ON PETITION FOR REHEARING AND SUGGESTION OF REHEARING EN BANC

Before BIRCH and CARNES, Circuit Judges, and RONEY, Senior Circuit Judge. PER CURIAM:

Michael J. Drayton was convicted of possession of a firearm by a convicted felon. 18 U.S.C. § 922(g)(1). The district court found that he was an Armed Career Criminal, pursuant to the definition set forth in 18 U.S.C. § 924(e), and sentenced him accordingly. 18 U.S.C. § 924(e) mandates a minimum prison term of fifteen years for those convicted under 18 U.S.C. § 922(g), who also have three previous convictions for a “violent felony” or serious drug offense.

In an unpublished opinion based on settled law we rejected Drayton’s argument that two of the four convictions upon which the Armed Career Criminal finding was based were not for a “violent felony.”

In his Petition for Rehearing, Dray-ton cites our recent decision in United States v. Willis, 106 F.3d 966 (11th Cir.1997), which holds that a nolo contendere plea is not a conviction under Florida law. Drayton argues that in two of the prior cases he pled nolo contendere, so that, under Willis, they could not be counted as prior convictions for Armed Career Criminal purposes.

In Willis, however, there was a plea of nolo contendere, standing alone, which did not constitute a conviction. Florida procedure permits the trial court to withhold adjudication of guilt on a plea of nolo contendere, generally subject to the conditions of probation. See, e.g., Stephens v. State, 630 So.2d 1090 (Fla.1994). The holding in Willis would not control á plea of nolo contendere followed with an adjudication of guilt, a procedure also permitted the trial court under Florida law. See Parker v. State, 500 So.2d 721 (Fla.2d D.C.A.1987); Fla. Stat. § 948.06(1).

The Government correctly argues in its response to the Petition for Rehearing[*1193] that, although neither the Florida Supreme Court nor this Court has yet held that a Florida nolo contendere plea with an adjudication of guilt is a conviction, such a holding is indicated by Willis itself, and Castillo v. State, 590 So.2d 458 (Fla.3d D.C.A.1991). See also United States v. Gispert, 864 F.Supp. 1193 (S.D.Fla.1994); United States v. Lester, 785 F.Supp. 976 (S.D.Fla.1991). In Willis, we held that Willis had not been “convicted” of a felony under Florida law because he “pleaded nolo contendere ... and adjudication of guilt was withheld.” 106 F.3d at 969. We therefore hold that a nolo contendere plea where adjudication is not withheld or where there is subsequently an adjudication of guilt is a conviction under Florida law which satisfies the requirement of the Armed Career Criminal statute.

Drayton’s Presentence Investigation Report does not indicate whether adjudication of guilt was withheld at the time he entered his nolo contendere plea in the two eases argued. The report does show that in both eases, however, he violated probation, probation was revoked, and he was sentenced to two years imprisonment in one case, and fifteen months imprisonment in the other. Section 948.06, Florida Statutes, directs that upon the revocation of probation, the state court must adjudge the defendant guilty of the underlying offense. While some Florida decisions indicate that sentencing and adjudication of guilt may, nonetheless, be controlled by a plea agreement even where the probation contemplated by that agreement has been revoked due to the defendant’s violation, see Leal v. State, 595 So.2d 274 (Fla.3d D.C.A.1992); Brown v. State, 463 So.2d 1230 (Fla. 1st D.C.A.1985), no such agreement has been suggested in this case. Further, Drayton’s prison sentences upon revocation could not have been imposed absent an adjudication. Finch v. Mayo, 137 Fla. 762, 189 So. 27 (1939); State v. Loch, 651 So.2d 695, 699 (Fla.2d D.C.A.), rev. denied, 659 So.2d 1087 (1995); see also Shargaa v. State, 102 So.2d 809, 812 (Fla.), cert. denied, 358 U.S. 873, 79 S.Ct. 114, 3 L.Ed.2d 104 (1958). Since Drayton was adjudged guilty of the offenses charged, they are convictions for Armed Career Criminal purposes and the holding in Willis is of no benefit to him.

The Petition for Rehearing is denied, and no member of this panel nor other Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal rules of Appellate Procedure; Eleventh Circuit Rule 3505), the Suggestion of Rehearing En Banc is DENIED.