United States v. Young, 527 F.3d 1274 (11th Cir. 2008). · Go Syfert
United States v. Young, 527 F.3d 1274 (11th Cir. 2008). Cases Citing This Book View Copy Cite
24 citation events (24 in the last 25 years) across 2 distinct courts.
Strongest positive: United States v. Clifford Laines, Jr. (ca11, 2023-06-06)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) United States v. Clifford Laines, Jr.
11th Cir. · 2023 · confidence medium
See also, e.g., United States v. Lee, 586 F.3d 859, 866 (11th Cir. 2009) (“The prosecution bears the burden of proving that a sentencing enhancement under the ACCA is warranted.”); United States v. Young, 527 F.3d 1274, 1277 (11th Cir. 2008) (quoting Hernandez, 145 F.3d at 1440 ).
cited Cited as authority (rule) Jimmy Pierre v. U.S. Attorney General
11th Cir. · 2018 · confidence medium
Indeed, this Court has held that violation of that statute “require[s] a physical act ... directed against a person.” United States v. Young, 527 F.3d 1274, 1278 (11th Cir. 2008).
discussed Cited as authority (rule) United States v. Kewarren Lamar Jones
11th Cir. · 2017 · confidence medium
United States v. Young, 527 F.3d 1274, 1276-77 (11th Cir. 2008). *597 Under the 2014 version of the Guidelines, a defendant is classified as a career offender if: (1) he was at least 18 years old at the time of the offense of conviction; (2) the offense of conviction was either a crime of violence or a controlled-substance offense; and (3) he had at least two prior felony convictions of either a crime of violence or a controlled-substance offense.
discussed Cited as authority (rule) Dan Carmichael McCarthan v. Director of Goodwill Industries-Suncoast, Inc. (2×) also: Cited "see, e.g."
11th Cir. · 2017 · confidence medium
Lee, 586 F.3d at 866 (“The [government] bears the burden of proving that a sentencing enhancement under the ACCA is warranted.”); see also United States v. Young, 103 Case: 12-14989 Date Filed: 03/14/2017 Page: 104 of 194 527 F.3d 1274, 1277 (11th Cir. 2008).
cited Cited as authority (rule) United States v. Chris Ransom
11th Cir. · 2013 · confidence medium
United States v. Young, 527 F.3d 1274, 1277 (11th Cir.2008) (per curiam).
discussed Cited as authority (rule) United States v. Melvyn Ernest Redhead
11th Cir. · 2010 · confidence medium
United States v. Young, 527 F.3d 1274, 1276-77 (11th Cir.), cert, denied, — U.S.—, 129 S.Ct. 616 , 172 L.Ed.2d 470 (2008). ‘Whether a criminal defendant’s trial counsel was ineffective is a mixed question of law and fact, subject to de novo review.” Nixon v. Newsome, 888 F.2d 112, 115 (11th Cir. 1989). “[W]e review the factual findings underlying the district court’s sentencing determination for clear error.” United States v. Williams, 527 F.3d 1235, 1247 (11th Cir.2008).
discussed Cited as authority (rule) United States v. Hennecke
8th Cir. · 2010 · confidence medium
See United States v. Tucker, 266 Fed.Appx. 120, 121 (3rd Cir.2008) (“force however slight” is sufficient); United States v. Young, 527 F.3d 1274, 1278 (11th Cir.), cert. denied, — U.S. -, 129 S.Ct. 616 , 172 L.Ed.2d 470 (2008) (“minimal contact” of using fluids to batter a child “satisfies the requirement of physical force”); United States v. Nason, 269 F.3d 10, 16 (1st Cir.2001) (physical force is “power, violence, or pressure directed against another person’s body”); United States v. Smith, 171 F.3d 617 , 621 n. 2 (8th Cir.1999) (offensive physical contact “by necessity…
discussed Cited as authority (rule) United States v. Robert Hennecke, III
8th Cir. · 2010 · confidence medium
See United States v. Tucker, 266 F. App’x 120, 121 (3rd Cir. -2- 2008) (“force however slight” is sufficient); United States v. Young, 527 F.3d 1274, 1278 (11th Cir.), cert. denied, 129 S. Ct. 616 (2008) (“minimal contact” of using fluids to batter a child “satisfies the requirement of physical force”); United States v. Nason, 269 F.3d 10, 16 (1st Cir. 2001) (physical force is “power, violence, or pressure directed against another person’s body”); United States v. Smith, 171 F.3d 617 , 621 n.2 (8th Cir. 1999) (offensive physical contact “by necessity, requires physical fo…
discussed Cited as authority (rule) United States v. Anthony Grant Jackson
11th Cir. · 2009 · confidence medium
See, e.g., Johnson, 528 F.3d at 1321-22 (holding that a Florida conviction for battery was a violent felony, which may be committed by “intentional touching”); United States v. Young, 527 F.3d 1274, 1278 (11th Cir.2008) (holding that battery of a child involving bodily fluids was a violent felony within the meaning of the ACCA).
cited Cited as authority (rule) United States v. Anthony Tyrone Gooch
11th Cir. · 2009 · confidence medium
United States v. Young, 527 F.3d 1274, 1278 (11th Cir.2008) (“The impact of the fluids against the child creates pressure and this minimal contact satisfies the requirement of physical force.”).
discussed Cited as authority (rule) United States v. David Scott Lewis Young
11th Cir. · 2009 · confidence medium
Even if this was the correct statute, we still would not know what subsection Young violated, and the government bears the burden of showing that Young’s escape conviction was a "crime of violence.” See United States v. Young, 527 F.3d 1274, 1277 (11th Cir.), cert. denied, - U.S. -, 129 S.Ct. 616 , 172 L.Ed.2d 470 (2008). 2 .
discussed Cited as authority (rule) United States v. Beckles
11th Cir. · 2009 · confidence medium
To determine whether the instant offense is a “crime of violence” for purposes of enhancing a sentence under § 4B1.1, a district court may look outside of the “offense of conviction” to the conduct surrounding that conviction “if ambiguities in the judgment make the crime of violence determination impossible *843 from the face of the judgment itself.” United States v. Spell, 44 F.3d 936, 939-40 (11th Cir.1995); United States v. Young, 527 F.3d 1274, 1277 (11th Cir.2008) (same); United States v. Owens, 447 F.3d 1345, 1347 (11th Cir.2006) (same).
cited Cited as authority (rule) United States v. Harrison
11th Cir. · 2009 · confidence medium
United States v. Young, 527 F.3d 1274, 1277 (11th Cir.), cert. denied, - U.S. -, 129 S.Ct. 616 , 172 L.Ed.2d 470 (2008). 25 .
discussed Cited as authority (rule) United States v. Roderick Corlion Pearson
11th Cir. · 2009 · confidence medium
To determine if a crime is a “crime of violence,” a court should “look only to the elements of the convicted offense, and not to the conduct underlying the conviction.” United States v. Young, 527 F.3d 1274, 1277 (11th Cir.2008) (quotation omitted).
cited Cited "see" United States v. Timothy Wayne Carver
11th Cir. · 2009 · signal: see · confidence high
See United States v. Young, 527 F.3d 1274, 1277 (11th Cir.), cert. denied, — U.S. -, 129 S.Ct. 616 , 172 L.Ed.2d 470 (2008). 4 .
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
Jonathan YOUNG, Defendant-Appellant
07-14780.
Court of Appeals for the Eleventh Circuit.
May 19, 2008.
527 F.3d 1274
Miguel Caridad and Kathleen M. Williams, Fed. Pub. Defenders, Miami, FL, for Young., Laura Thomas Rivero, Kathleen M. Sal-yer, Harriett R. Galvin, Asst. U.S. Atty., Miami, FL, for U.S.
Tjoflat, Dubina, Black.
Cited by 19 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #10,328 of 633,719
Citer courts: Eleventh Circuit (5)
PER CURIAM:

Jonathan Young appeals his 184-month total sentence for Hobbs Act robbery, in violation of 18 U.S.C. § 1951(a), and brandishing a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c). Young argues that his prior criminal history does not qualify him for the career offender enhancement, U.S.S.G. § 4B1.1, because his Florida state court conviction for “Battery of a Child Involving Bodily Fluids” is not a crime of violence. Looking at the statutory definition of the offense, and not the facts underlying the conviction, Young claims that the offense is not categorically a crime of violence. Young contends that commission of the offense does not necessarily involve a serious potential risk of physical injury. He also argues that based on a recent Florida Supreme Court decision, the use or threat of physical force or violence is not a necessary element of battery.

I.

We review the district court’s interpretation and application of the sentencing guidelines de novo. United States v. Gibson, 434 F.3d 1234, 1243 (11th Cir.), cert. denied, 547 U.S. 1214, 126 S.Ct. 2911, 165 L.Ed.2d 931 (2006). The decision to classify a defendant as a career offender is[*1277] a “question of law that we also review de novo.” Id. “The burden of proof for establishing that a sentence enhancement is warranted lies with the prosecution and it is the duty of the district court to insure that the prosecution carries its burden of proof.” United States v. Hernandez, 145 F.3d 1433, 1440 (11th Cir.1998).

A defendant is a career offender if: (1) he is at least 18 years old at the commission of the offense of conviction; (2) the offense of conviction is a felony crime of violence or controlled substance offense; and (3) he has at least two prior felony convictions for either a crime of violence or controlled substance offense. U.S.S.G. § 4B1.1(a). The term “crime of violence” is defined in § 4B1.2. Id. at comment. (n.1). Under that section, a “crime of violence” is a crime punishable by a year’ or more of imprisonment, that has as an element “the use, attempted use, or threatened use of physical force against the person of another” or is a “burglary of a dwelling, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” U.S.S.G. § 4B1.2(a). Crimes of violence include aggravated assault and forcible sex offenses. Id. at comment, (n.l). The court should focus on the offense of conviction to determine if the crime is a crime of violence. Id. at comment, (n.2). We consider the guidelines commentary as authoritative. United States v. Searcy, 418 F.3d 1193, 1195 n. 3 (11th Cir.2005).

II.

When determining if a crime is a crime of violence, a court should “look only to the elements of the convicted offense, and not to the conduct underlying the conviction.” United States v. Rutherford, 175 F.3d 899, 905 (11th Cir.1999). In limited circumstances, the district court may examine the conduct surrounding a conviction, but only if the “judgment of conviction is ambiguous on its face[,]” and it is impossible to determine whether or not it is a crime of violence from the judgment itself. United States v. Owens, 447 F.3d 1345, 1347 (11th Cir.2006), cert. denied, — U.S. -, 127 S.Ct. 2934, 168 L.Ed.2d 265 (2007) (construing § 2K2.1(a)(4) enhancement). Typically, however, a court looks “no further than the fact of conviction and the statutory definition of the prior offense.” United States v. Llanos-Agostadero, 486 F.3d 1194, 1196-97 (11th Cir.2007) (construing § 2L1.2(b)(1) enhancement).

III.

Young pled guilty to violating Florida Statute § 784.085, “Battery of a Child by Throwing, Tossing, Projecting, or Expelling Certain Fluids or Materials,” which is a felony punishable by up to five years in prison. Fla. Stat. § 784.085 [1] ; Fla. Stat. § 775.082(3)(d). According to the statute, it is “unlawful for any person ... to knowingly cause or attempt to cause a child to come into contact with blood, seminal fluid, or urine or feces by throwing, tossing, projecting, or expelling such fluid or material.” Fla. Stat. § 784.085.

According to Florida law, a battery occurs when a person “[‘a]ctually and intentionally touches or strikes another person ... [or] [intentionally causes bodily harm to another person.’ ” United States v. Glover, 431 F.3d 744, 749 (11th Cir.2005) (quoting Fla. Stat. §§ 784.03, 784.07 (defining battery and battery of a law enforcement officer)). We have held that battery of a law enforcement officer is a crime of[*1278] violence. Id. at 749. Recently, however, the Florida Supreme Court held that battery of a law enforcement officer is not a forcible felony, and does not necessarily involve the use or threat of physical force or violence. See State v. Hearns, 961 So.2d 211, 218-20 (Fla.2007) (discussing Fla. Stat. § 784.07).

IV.

We interpret the sentencing guidelines according to their plain meaning. See United States v. Shenberg, 89 F.3d 1461, 1475 (11th Cir.1996). “The plain meaning of physical force is [p]ower, violence, or pressure directed against a person consisting in a physical act.” United States v. Griffith, 455 F.3d 1339, 1342 (11th Cir.2006), cert. denied, — U.S. -, 127 S.Ct. 2028, 167 L.Ed.2d 771 (2007) (quotation & citation omitted); see also United States v. Ivory, 475 F.3d 1232, 1234-35 (11th Cir.2007). “A person cannot make physical contact — particularly of an insulting or provoking nature — with another without exerting some level of physical force.” Griffith, 455 F.3d at 1342. In interpreting a similar statute, we have rejected an argument that physical force requires violent force. See id. at 1343 (interpreting 18 U.S.C. § 922(g)(9) requirement that the prior offense of conviction have as an “element, the use or attempted use of physical force, or the threatened use of a deadly weapon”). We disagreed with interpretations of physical force that required more than “ ‘Newtonian mechanics’ ... [or] ‘de minimis’ touching,” stating Congress could have inserted “ ‘violent’ before the words ‘physical force’ ” but did not do so. Id. at 1343-45 (disagreeing with United States v. Belless, 338 F.3d 1063 (9th Cir.2003), Flores v. Ashcroft, 350 F.3d 666 (7th Cir.2003)).

V.

After reviewing the record and reading the parties’ briefs, we conclude that the district court did not err in determining that a conviction for violating Florida Statute § 784.085, “Battery of a Child by Throwing, Tossing, Projecting, or Expelling Certain Fluids or Materials,” is a crime of violence for purposes of the career offender enhancement. The use of physical force against another is an element of the statute. The statute at issue, while nominally entitled a battery, requires the violator to cause the child to come into contact with bodily fluids, by “throwing, tossing, projecting, or expelling” the fluids. Fla. Stat. § 784.085. These actions 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.” Griffith, 455 F.3d at 1342. 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.

For the above-stated reasons, we affirm Young’s sentence.

AFFIRMED.

1

. Regarding the battery conviction, at the age of 19, Young engaged in sexual intercourse with a 13-year-old girl.