United States v. Derwin Fritts, 841 F.3d 937 (11th Cir. 2016). · Go Syfert
United States v. Derwin Fritts, 841 F.3d 937 (11th Cir. 2016). Cases Citing This Book View Copy Cite
222 citation events (222 in the last 25 years) across 8 distinct courts.
Strongest positive: Ariel Marcelo Bastias v. U.S. Attorney General (ca11, 2025-10-30)
Treatment trajectory · 2017 → 2026 · click a year to view as-of
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Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (verbatim quote) Ariel Marcelo Bastias v. U.S. Attorney General
11th Cir. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
under this court's prior panel precedent rule, there is never an exception carved out for overlooked or misinterpreted supreme court precedent.
discussed Cited as authority (verbatim quote) Karastan Edwards v. U.S. Attorney General
11th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
under this court's prior panel precedent rule, there is never an exception carved out for overlooked or misinter- preted supreme court precedent.
discussed Cited as authority (verbatim quote) Karastan Edwards v. U.S. Attorney General
11th Cir. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
under this court's prior panel precedent rule, there is never an exception carved out for overlooked or misinter- preted supreme court precedent.
discussed Cited as authority (verbatim quote) Bargeron v. United States (2×) also: Cited "see, e.g."
M.D. Fla. · 2021 · quote attribution · 1 verbatim quote · confidence high
under this court's prior panel precedent rule, there is never an exception carved out for overlooked or misinterpreted supreme court precedent.
discussed Cited as authority (verbatim quote) United States v. Jacoby Burns
11th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
there is never an exception carved out for overlooked or misinterpreted supreme court precedent under the prior panel precedent rule.
discussed Cited as authority (verbatim quote) United States v. Anthony v. White
11th Cir. · 2018 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
under this court's prior panel precedent rule, there is never an exception carved out for overlooked or misinterpreted supreme court precedent.
discussed Cited as authority (verbatim quote) United States v. Tyrone Anderson
11th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
florida armed robbery conviction under 812.13 categorically qualifies as a 'violent felony' under . . . acca's elements clause.
discussed Cited as authority (verbatim quote) United States v. Robert Watson
11th Cir. · 2017 · quote attribution · 1 verbatim quote · confidence high
under this court's prior panel precedent rule, there is never an exception carved out for overlooked or misinterpreted supreme court precedent.
discussed Cited as authority (verbatim quote) United States v. David Geozos
9th Cir. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence high
e hold here- that undér lockley ... a florida armed robbery conviction under 812.13(a) categorically qualifies as a violent felony under the acca's elements clause.
discussed Cited as authority (rule) Richard Burt v. President of University of Florida
11th Cir. · 2025 · confidence medium
Be that as it may, under our Circuit’s prior-panel-precedent rule, “there is never an exception carved out for overlooked or misinterpreted Supreme Court precedent.” United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
discussed Cited as authority (rule) United States v. Winex Eugene (2×)
11th Cir. · 2024 · confidence medium
However, we have held that “a Florida robbery conviction under § 812.13(1), even USCA11 Case: 24-10385 Document: 23-1 Date Filed: 10/09/2024 Page: 5 of 6 24-10385 Opinion of the Court 5 without a firearm, qualifies as a ‘crime of violence’ under the ele- ments clause in the career offender guideline.” United States v. Fritts, 841 F.3d 937, 940 (11th Cir. 2016).
cited Cited as authority (rule) United States v. Marty Eugene Days, Jr.
11th Cir. · 2023 · confidence medium
United States v. Fritts, 841 F.3d 937, 939 (11th Cir. 2016).
cited Cited as authority (rule) United States v. Jamaal A. Hameen
11th Cir. · 2023 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
cited Cited as authority (rule) United States v. Jamaal A. Hameen
11th Cir. · 2023 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
discussed Cited as authority (rule) United States v. Christopher Alexander Nerius
11th Cir. · 2023 · confidence medium
But as he concedes, our prior-panel-precedent rule admits no exception for “overlooked or misinterpreted Supreme Court precedent.” United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016) (reaffirming Lockley).
discussed Cited as authority (rule) Fred Somers v. United States
11th Cir. · 2023 · confidence medium
“When the Florida Supreme Court . . . interprets [a] statute, it tells us what that statute always meant.” United States v. Fritts, 841 F.3d 937, 943 (11th Cir. 2016); see also Rivers v. Roadway Express, Inc., 511 U.S. USCA11 Case: 19-11484 Document: 53-1 Date Filed: 04/25/2023 Page: 12 of 12 12 Opinion of the Court 19-11484 298, 312–13 (1994).
discussed Cited as authority (rule) Perez v. United States
S.D. Fla. · 2023 · confidence medium
Fla. Jan. 28, 2020), ECF No. 109 at 4–5; see also, e.g., Hill, 799 F.3d at 1322 (“[W]e have held that a prior conviction for resisting an officer with violence categorically qualifies as a violent felony under the elements clause of the ACCA.”) (citing United States v. Romo-Villalobos, 674 F.3d 1246, 1251 (11th Cir. 2012)); United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016) (“Fritts also argues that before the Florida Supreme Court’s 1997 decision in [Robinson], only the slightest force was sufficient to convict a defendant of Florida robbery.
discussed Cited as authority (rule) United States v. Vincent Elroy Sims
11th Cir. · 2022 · confidence medium
Indeed, Florida USCA11 Case: 20-12774 Date Filed: 09/12/2022 Page: 24 of 25 24 Opinion of the Court 20-12774 robbery has “never included a theft or taking by mere snatching because snatching is theft only and does not involve the degree of physical force needed to sustain a robbery conviction.” United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
discussed Cited as authority (rule) United States v. Robert Coleman Quarles
11th Cir. · 2022 · confidence medium
Under the “elements clause” of the ACCA, a “violent felony” is defined as any crime punishable by a term of imprisonment exceeding one year that “has as an element the use, attempted use, or threatened use of physical force against the person of another.” Id. § 924(e)(2)(B)(i); United States v. Fritts, 841 F.3d 937, 939 (11th Cir. 2016).
cited Cited as authority (rule) United States v. Kingsley Lydell Wright
11th Cir. · 2022 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
cited Cited as authority (rule) Worlds v. Home Depot U.S.A., Inc.
M.D. Fla. · 2022 · confidence medium
United States v. Fritts, 841 F.3d 937, 941 (11th Cir. 2016) (quoting United States v. Lockley, 632 F.3d 1238 , 1242–43 (11th Cir. 2011)).
cited Cited as authority (rule) Worlds v. Home Depot U.S.A., Inc.
M.D. Fla. · 2022 · confidence medium
United States v. Fritts, 841 F.3d 937, 941 (11th Cir. 2016) (quoting United States v. Lockley, 632 F.3d 1238 , 1242–43 (11th Cir. 2011)).
discussed Cited as authority (rule) Jeremy John Wells v. Warden (2×) also: Cited "see"
11th Cir. · 2021 · confidence medium
Un- der the rule, “there is never an exception carved out for over- looked or misinterpreted Supreme Court precedent.” United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
cited Cited as authority (rule) Alridge v. United States
M.D. Fla. · 2021 · confidence medium
Stokeling v. United States, 139 S. Ct. 544, 554-55 (2019); United States v. Fritts, 841 F.3d 937, 939-44 (11th Cir. 2016); United States v. Seabrooks, 839 F.3d 1326, 1338-45 (11th Cir. 2016).
cited Cited as authority (rule) United States v. Duane Allen Sikes
11th Cir. · 2020 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
discussed Cited as authority (rule) Michael Townsend Anthony v. United States (2×) also: Cited "see"
11th Cir. · 2020 · confidence medium
Counsel acknowledged on appeal, however, that United States v. Fritts, 841 F.3d 937, 941 (11th Cir. 2016), foreclosed this argument.
cited Cited as authority (rule) Throne Thomas Smiley v. United States
11th Cir. · 2020 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
examined Cited as authority (rule) Gregory Welch v. United States (3×) also: Cited "see"
11th Cir. · 2020 · confidence medium
We further stated that “[w]hen the Florida Supreme Court in Robinson interprets the robbery statute, it tells us what that statute always meant.” Id. at 943 (citation omitted).
discussed Cited as authority (rule) Wilson v. United States
N.D. Ala. · 2020 · confidence medium
Under the ACCA, a defendant convicted of violating 18 U.S.C. § 922 (g) is subject to a mandatory minimum sentence of 15 years if he has three prior 1 Petitioner was also sentenced as an armed career criminal pursuant to the United States Sentencing Guidelines (“U.S.S.G”) § 4B1.1, which states: “[A] defendant is a career offender if (1) the defendant was at least eighteen years old at the time the defendant committed the instant offense of conviction; (2) the instant offense of conviction is a felony that is either a crime of violence or a controlled substance offense; and (3) the defen…
cited Cited as authority (rule) Fred Somers v. United States
11th Cir. · 2020 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
cited Cited as authority (rule) United States v. Carl Golden
11th Cir. · 2019 · confidence medium
United States v. Fritts, 841 F.3d 937, 941 (11th Cir. 2016).
discussed Cited as authority (rule) Terrell Boyd v. United States
11th Cir. · 2019 · confidence medium
See Stokeling, 139 S. Ct. at 554–55; Fritts, 841 F.3d at 938 (1989 conviction); Dowd, 451 F.3d at 1254 (1974 conviction).2 AFFIRMED. 2 The district court improperly reached the question of whether Florida armed robbery is a violent felony under the elements clause without first conducting the Beeman analysis.
cited Cited as authority (rule) United States v. Jamaar Danglo Hayes
11th Cir. · 2019 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
discussed Cited as authority (rule) United States v. Frederick Sturm (2×) also: Cited "see"
11th Cir. · 2019 · confidence medium
In Stokeling, the Supreme Court held that robbery under Florida Statute § 812.13 “qualifies as a ‘violent felony’ under ACCA’s elements clause.” Stokeling, 139 S. Ct at 555 ; see also Lockley, 632 F.3d 1238 (holding that a conviction under Florida Statute § 812.13 qualifies as a crime of violence under the career offender provision of the Guidelines); Fritts, 841 F.3d at 942 (relying on Lockley to determine that a conviction under Florida Statute § 812.13 qualifies as a violent felony under ACCA’s elements clause).
discussed Cited as authority (rule) United States v. Willie Justin Dawkins
11th Cir. · 2019 · confidence medium
See, e.g., United States v. Dowd, 451 F.3d 1244, 1255 (11th Cir. 2006) (holding that Florida robbery is categorically a violent felony under the elements clause of the ACCA); United States v. Fritts, 841 F.3d 937, 943-44 (11th Cir. 2016) (same).
cited Cited as authority (rule) United States v. Carlos Miguel Perez
11th Cir. · 2019 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).
examined Cited as authority (rule) United States v. Christopher Stacy (5×) also: Cited "see", Cited "see, e.g."
11th Cir. · 2019 · confidence medium
United States v. Fritts, 841 F.3d 937, 942-44 (11th Cir. 2016); see § 812.13, Fla.Stat. (2017).
discussed Cited as authority (rule) United States v. Korre Mahon Fuller
11th Cir. · 2019 · confidence medium
We held in United States v. Fritts, 841 F.3d 937, 940 (11th Cir. 2016), that a conviction for armed robbery under section 912.13 of the Florida Statutes categorically qualifies as a violent felony under the elements clause of the Armed Career Criminal Act.
discussed Cited as authority (rule) United States v. Mario Tavares Young
11th Cir. · 2019 · confidence medium
Under the ACCA’s “elements clause,” a “violent felony” includes an offense that “has as an element the use, attempted use, or threatened use of 13 Case: 18-11972 Date Filed: 04/01/2019 Page: 14 of 14 physical force against the person of another.” Id. § 924(e)(2)(B)(i); United States v. Fritts, 841 F.3d 937, 939 (11th Cir. 2016).
discussed Cited as authority (rule) United States v. Jon Kyle French
11th Cir. · 2019 · confidence medium
We held in United States v. Fritts, 841 F.3d 937, 940 (11th Cir. 2016), that a conviction for robbery under section 912.13 of the Florida Statutes categorically qualifies as a violent felony under the elements clause of the Armed Career Criminal Act.
cited Cited as authority (rule) United States v. Johnny Lee Weaver
11th Cir. · 2019 · confidence medium
United States v. Fritts, 841 F.3d 937, 941-42 (11th Cir. 2016); United States v. Lockley, 632 F.3d 1238, 1245 (11th Cir. 2011).
discussed Cited as authority (rule) United States v. Joseph Martinez
11th Cir. · 2018 · confidence medium
In United States v. Fritts, we applied Lockley and held that a conviction pursuant to Florida Statute § 812.13 categorically qualifies as a violent felony under the elements clause of the Armed Career Criminal Act (ACCA). 841 F.3d 937, 942 (11th Cir. 2016).
examined Cited as authority (rule) United States v. Jason Peraza (3×) also: Cited "see"
11th Cir. · 2018 · confidence medium
And, in United States v. Fritts, we extended Lockley and held that a conviction under § 812.13 also qualifies as a violent felony under the Armed Career Criminal Act’s elements clause. 4 841 F.3d 937, 942 (11th Cir. 2016).
cited Cited as authority (rule) United States v. Sheldon Lamont Jackson
11th Cir. · 2018 · confidence medium
United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016), cert. denied, 137 S. Ct. 2264 (2017).
discussed Cited as authority (rule) United States v. Ronnie Dixon (2×) also: Cited "see"
11th Cir. · 2018 · confidence medium
At the time of Dixon’s robbery offenses, which occurred in 1988 and 1989, respectively, Florida’s robbery statute set forth the element of robbery as follows: as “the taking of money or other property . . . from the person or custody of another when in the course of the taking there is the use of force, violence, assault, or putting in fear.” Fla. Stat. § 812.13 (1) (1987); United States v. Fritts, 841 F.3d 937, 939 (11th Cir. 2016), cert. denied, 137 S. Ct. 2264 (2017).
examined Cited as authority (rule) United States v. Michael Lee (3×) also: Cited "see"
11th Cir. · 2018 · confidence medium
Subsequent cases which followed Dowd and Lockley—such as United States v. Seabrooks, 839 F.3d 1326, 1340-41 (11th Cir. 2016), United States v. Fritts, 841 F.3d 937, 939-44 (11th Cir. 2016), and United States v. Joyner, 882 F.3d 1369, 1378-79 (11th Cir. 2018), among others—are likewise mistaken.
discussed Cited as authority (rule) United States v. Cefalo Lewis (2×) also: Cited "see"
11th Cir. · 2018 · confidence medium
Fritts, 841 F.3d at 940-44 (11th Cir. 2016) (following our precedent in Dowd and Lockley and concluding, based on the Florida Supreme Court’s decision in Robinson v. State, McCloud v. State, and Montsdoca v. State, that Florida “robbery requires more than the force necessary to remove the property and in fact requires both resistance by the victim and physical force by the offender that overcomes that resistance” (internal quotation marks omitted));3 Lockley, 632 F.3d at 1245 (involving the identical elements clause of the Sentencing Guidelines’ career offender provision and concluding…
discussed Cited as authority (rule) Ernest King v. United States
11th Cir. · 2018 · confidence medium
First, relying in part on our prior decision in Lockley, we explained that even the least of the acts criminalized by the Florida robbery statute—robbery by putting in 4 Case: 16-11082 Date Filed: 01/25/2018 Page: 5 of 6 fear—categorically qualified as a violent felony under the elements clause because “the fear contemplated by the statute is the fear of death or great bodily harm.” Fritts, 841 F.3d at 941 (internal quotation marks omitted).
discussed Cited as authority (rule) United States v. Deante Dixon
11th Cir. · 2018 · confidence medium
In United States v. Fritts, 841 F.3d 937, 938-42 (11th Cir. 2016), this Court relied on Lockley to conclude that a defendant’s robbery conviction qualified as a violent felony under the elements clause of the Armed Career Criminal Act, 18 U.S.C. § 924 (e)(2)(B)(i), which uses language identical to that in U.S.S.G. § 4B1.2(a)(1).
discussed Cited as authority (rule) United States v. Daniel Casamayor
11th Cir. · 2018 · confidence medium
United States v. Fritts, 841 F.3d 937, 940 (11th Cir. 2016), cert. denied, ___ U.S. ___, 137 S. Ct. 2264 (2017); United States v. Dowd, 451 F.3d 1244, 1255 (11th Cir. 2006); see also United States v. Lockley, 632 F.3d 1238, 1245 (11th Cir. 2011) (involving the identical elements clause of the career offender provision).
UNITED STATES of America, Plaintiff-Appellee,
v.
Derwin Darryl FRITTS, Defendant-Appellant
15-15699.
Court of Appeals for the Eleventh Circuit.
Nov 8, 2016.
841 F.3d 937
Francis D. Murray, Germaine Seider, Arthur Lee Bentley, III, Shauna S. Hale, U.S. Attorney’s Office, Tampa, FL, for Plaintiff-Appellee., Rosemary Cakmis, Donna Lee Elm, Robert Godfrey, Conrad Benjamin Kahn, Federal Public Defender’s Office, Orlando, FL, Frank William Zaremba, Federal Public Defender’s Office, Tampa, FL, for Defendant-Appellant.
Hull, Marcus, Fay.
Cited by 118 opinions  |  Published  |  NEW
Pinpoint authority: bottom 36%
HULL, Circuit Judge:

After pleading guilty, Derwin Fritts appeals his total 180-month sentence for three counts of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). The district court sentenced Fritts as an armed career criminal under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), based on Fritts’s prior convictions for: (1) aggravated assault and aggravated battery,, in violation of Florida Statutes §§ 784.021, 784.045; (2) robbery with a firearm, in violation of Florida Statutes § 812.13, and (3) sale of cocaine, in violation of Florida Statutes § 893.13.

On appeal, Fritts argues that the district court erred in concluding that his 1989 armed robbery conviction qualifies as a “violent felony” under the elements clause of the ACCA. [1] After review, we affirm.

I. THE ACCA

Under the ACCA, a defendant convicted of violating 18 U.S.C. § 922(g) is subject to a mandatory minimum sentence of 15 years (180 months) if he has three prior convictions for a “violent felony” or “serious drug offense.” 18 U.S.C. § 924(e)(1). A[*939] “violent felony” is any offense 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, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.

18 U.S.C. § 924(e)(2)(B). The first prong of this definition is referred to as the “elements clause,” while the second prong contains the “enumerated crimes” clause and, finally, what is commonly called the “residual clause.” United States v. Owens, 672 F.3d 966, 968 (11th Cir. 2012). Fritts’s appeal concerns only the elements clause, as robbery is not an enumerated crime, and the Supreme Court struck down the ACCA’s residual clause as unconstitutionally vague in Johnson v. United States, 576 U.S. -,-, 135 S.Ct. 2551, 2557-58, 2563, 192 L.Ed.2d 569 (2015). Thus, we address whether a 1989 conviction for armed robbery with a firearm under Florida law “has as an element the use, attempted use, or threatened use of physical force against the person of another” within the meaning of the ACCA.

II. FLORIDA ROBBERY STATUTE

Fritts committed his armed robbery offense in July 1988 and was convicted in June 1989. At the time of Fritts’s offense, Florida’s robbery statute set forth the elements of robbery and robbery with a firearm or other deadly weapon as follows:

(1) “Robbery” means the taking of money or other property which may be the subject of a larceny from the person or custody of another when in the course of the taking there is the use of force, violence, assault, or putting in fear.
(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first' degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084.

Fla. Stat. § 812.13(1), (2)(a) (1987) (emphasis added). The requirement that the defendant, in the course of the taking, use “force, violence, assault, or putting in fear” has been an element in Florida’s robbery statute, since at least the 1970s, See United States v. Seabrooks, 839 F.3d 1326, 1339, 2016 WL 6090860, at *10 (11th Cir. Oct. 19, 2016). [2]

III. DOWD AND ITS PROGENY

In 2006, this Court held in United States v. Dowd that a 1974 Florida conviction for armed robbery was “undeniably a conviction for a violent felony” under the ACCA’s elements clause, 451 F.3d 1244, 1255 (11th Cir. 2006). This Court reached this conclusion “without difficulty and cited only the ACCA’s elements clause. Id.

[*940] In several recent cases, this Court has followed Dowd to conclude that other Florida robbery convictions in 1980, 1986, and 1995 qualified as ACCA predicate convictions under the elements clause. See In re Hires, 825 F.3d 1297 (11th Cir. 2016) (rejecting the claim that Descamps v. United States, 570 U.S.-, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013), undermined our precedent in Dowd and holding that the defendant’s 1995 Florida robbery conviction qualified as a violent felony under the ACCA’s elements clause, which includes “any felony that ‘has as an element the use, attempted use, or threatened use of physical force’ ”); In re Thomas, 823 F.3d 1345, 1349 (11th Cir. 2016) (citing Dowd and holding that the defendant’s 1980 and 1986 Florida “convictions for armed robbery qualify as ACCA predicates under the elements clause”); In re Moore, 830 F.3d 1268, 1271 (11th Cir. 2016) (concluding that the defendant’s two Florida robbery-with-a-firearm convictions and his armed robbery conviction “qualify as violent felonies under our binding precedent” in Dowd and Thomas). Under Dowd and its progeny alone, we must conclude that a Florida armed robbery conviction, such as Fritts’s, qualifies as a violent felony under the ACCA’s elements clause. [3]

IV. LOCKLEY

Our Dowd precedent and our conclusion here are also supported by our decisions holding that a Florida robbery conviction under § 812.13(1), even without a firearm, qualifies as a “crime of violence” under the elements clause in the career offender guideline in U.S.S.G. § 4B1.2(a), which has the same elements clause as the ACCA. United States v. Lockley, 632 F.3d 1238, 1245 (11th Cir. 2011); In re Robinson, 822 F.3d 1196, 1197 (11th Cir. 2016) (citing Lockley and concluding that the defendant’s 1991 armed robbery offense has “as an element the use, attempted use, or threatened use of physical force against the person of another”). [4] We review Lock-ley’s analysis about the elements in the Florida robbery statute because it underscores why Dowd and its progeny were correctly decided.

Applying the pure categorical approach in Lockley, this Court examined the elements of a robbery offense under Florida law, starting with “the taking of money or other property.” See Fla. Stat. § 812.13(1); Lockley, 632 F.3d at 1240 (“We ... disregard the facts of the underlying conviction and look only to the elements of Lockley’s prior conviction.”). Applying Florida law about the elements, the Lockley Court found (1) that the taking must be by use of force, violence, assault, or putting the victim in fear, and (2) that “the fear contemplated by the statute is the fear of death or great bodily harm,” stating:

The taking referred to “must be by the use of force or violence or by assault so as to overcome the resistance of the victim, or by putting him in fear so that[*941] the victim does not resist.” Fla. Std. Jury Instr. (Grim.) 15.1. The property taken need not be taken from the actual person of the victim, but must be sufficiently under his control “so that it cannot be taken without the use of force, violence, or intimidation directed against the victim.” Id. Assault, in turn, is defined as “an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent.” Fla. Stat. § 784.011(1). And, “[t]he fear contemplated by the statute is the fear of death or great bodily harm.” Magnotti v. State, 842 So.2d 963, 965 (Fla. 4th Dist. Ct. App. 2003) (internal quotation marks omitted).

632 F.3d at 1242 (footnote omitted).

The Lockley Court then concluded that the “commission of robbery in violation of Fla. Stat. § 812.13(1) necessarily requires that the defendant”:

(1) commit a taking of money or other property from another person or in the custody of another person (2) with the intent to permanently or temporarily deprive the person of the money or property or any benefit thereof (3) using force, violence, or an intentional threat of imminent force or violence against another coupled with an apparent ability to use that force or violence, or by causing the person to fear death or great bodily harm (4) where the money or property has value.

Id. at 1242-43 (emphasis added). [5] Applying the categorical approach, the Lockley Court analyzed the least culpable of the acts in § 812.12(1), which was “putting in fear.” The Lockley Court stressed that (1) “ ‘putting in fear,’ per Florida law, involves an act causing the victim to fear death or great bodily harm,” (2) “[w]e can conceive of no means by which a defendant could cause such fear absent a threat to the victim’s person,” and (3) “[t]he bare elements of § 812.13(1) ... satisfy the elements .-.. claused of Ú.S.S.G. § 4B1.2(a).” Id. at 1244-45 (citation and footnote omitted).

Later on, the Lockley Court repeated that (1) “robbery under that statute requires either the use of force, violence, a threat of imminent force or violence coupled with apparent ability, or some act that puts the victim in fear of death or great bodily harm,” (2) “[a]ll but the latter option specifically require the use or threatened use of physical force against the person of another,” (3) “we find it inconceivable that any act which causes the victim to fear death or great bodily harm would not involve the use Or threatened use of physical force,” and (4) “[sjection 812.13(1) accordingly has, as an element, the ‘use, attempted use, or threatened use of physical force against the person of another.’ U.S.S.G. § 4B1.2(a)(l).” Id. (emphasis added). In Lockley this Court thus held that Florida robbery is categorically a crime of violence under the elements of even the least culpable of these acts criminalized by Florida Statutes § 812.13(1). [6]

[*942] As an alternate and independent ground, we hold here that under Lockley alone a Florida armed robbery conviction under § 812.13(a) categorically qualifies as a violent felony under the ACCA’s elements clause.

Y. FRITTS’S ARMED ROBBERY CONVICTION

Both Dowd and Lockley thus control the outcome of this case and reqúire us to conclude that Fritts’s armed robbery conviction qualifies as a violent felony under the ACCA’s elements clause. In an effort to circumvent our binding precedent, Fritts argues that Dowd was abrogated by Curtis Johnson v. United States, 559 U.S. 133, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010). But, Fritts’s argument ignores the fact that Lockley was decided after and cited Curtis Johnson. Thus, Lockley binds us here. Under this Court’s prior panel precedent rule, there is never an exception carved out for overlooked or misinterpreted Supreme Court precedent. See Smith v. GTE Corp., 236 F.3d 1292, 1303 (11th Cir. 2001) (“[W]e categorically reject any exception to the prior panel precedent rule based upon a perceived defect in the prior panel’s reasoning or analysis as it relates to the law in existence at the time.”).

In any event, we conclude that nothing in Curtis Johnson, a simple battery, case, undermines our binding precedent in Dowd or Lockley about robbery and armed robbery crimes. In Curtis Johnson, the Supreme Court considered whether the Florida offense of simple battery by “touching” another person had as an dement the use of physical force. 559 U.S. at 135, 130 S.Ct. at 1268. The Supreme Court noted that a conviction for simple battery “ordinarily is a first-degree misdemeanor ... but is a third-degree felony for a defendant who (like Johnson) has been convicted of battery (even simple battery) before.” Id. at 136, 130 S.Ct. at 1269. Thus, Curtis Johnson’s simple battery conviction was for only touching, conduct that was a misdemeanor but for his prior conviction. Furthermore, Curtis Johnson did not involve (1) an act that put the victim “in fear of death or great bodily harm,” which Lockley held that “putting in fear” under Florida robbery law requires, or (2) the “attempted” or “threatened use of physical force,” which is also included in the elements clause. See Lockley, 632 F.3d at 1244; see also Leocal v. Ashcroft, 543 U.S. 1, 8-9, 125 S.Ct. 377, 382, 160 L.Ed.2d 271 (2004) (discussing negligence and cautioning that “[w]e do not deal here with an attempted or threatened use of force”). Fritts cannot use Curtis Johnson to circumvent Dowd or Lockley.

Fritts also argues that before the Florida Supreme Court’s 1997 decision in Robinson v. State, 692 So.2d 883, 886 (Fla. 1997), only the slightest force was sufficient to convict a defendant of Florida robbery. In fact, in Robinson the Florida Supreme Court made clear that the § 812.13 robbery statute has never included a theft on-taking by mere snatching because snatching is theft only and does not involve the degree of physical force needed to sustain a robbery conviction under § 812.13(1). [7] Robinson v. State, 692[*943] So.2d 883, 886 (Fla. 1997); McCloud v. State, 336 So.2d 257, 258-59 (Fla. 1976); Montsdoca v. State, 93 So. 157, 159 (Fla. 1922). .

In 1997, the Florida Supreme Court in Robinson pointed to its own 1976 decision in McCloud and stressed that robbery requires “more than the force necessary to remove the property” and in fact requires both “resistance by the victim” and “physical force by the offender” that overcomes that resistance, stating:

In accord with our. decision in McCloud, we find that in order for the snatching of property from another to amount to robbery, the perpetrator must employ more than the force necessary to remove the property from the person. Rather, there must be resistance by the victim that is overcome by the physical force of the offender.

Id. In Robinson, the Florida Supreme Court reaffirmed that “[t]he snatching or grabbing of property without such resistance by the victim amounts to theft rather than robbery.” Id: at 887. The Robinson court further stated that' “Florida courts have consistently recognized that in snatching situations, the element of force as defined herein distinguishes the offenses of theft and robbery.” Id. In other words, Robinson reaffirmed that merely snatching property—without resistance by the victim and use of physical force to overcome the victim’s resistance—did not constitute a robbery under § 812.13(1).

When the Florida Supreme Court in Robinson interprets the robbery statute, it tells us what that statute always meant. Rivers v. Roadway Express, Inc., 511 U.S. 298, 312-13, 114 S.Ct. 1510, 128 L.Ed.2d 274 (1994) (“A judicial construction of a statute is an authoritative statement of what the statute meant before as well as after the decision of the case giving rise to that construction.”); id at 313 n. 12, 114 S.Ct. 1510 n.12 (“[W]hen this Court construes a statute, it is explaining its understanding of what the statute has meant continuously since the date when it became law”). This is patently true here because Robinson said its holding was “[i]n accord with [its] decision in McCloud” in 1976. See Robinson, 692 So.2d at 886.

Indeed, since 1922, the Florida Supreme Court has held that “the force- that is required to make the offense a robbery is such force as is actually sufficient to overcome the victim’s resistance.” Montsdoca, 93 So. at 159. Notably, the Florida Supreme Court instructed: “There can be no robbery without violence, and there can be no larceny with it. It is violence that makes robbery an offense of greater atrocity than larceny.” Id.

In sum, based on our precedent in Dowd and Lockley, and in light of the Florida Supreme Court’s decisions in Robinson,[*944] McCloud, and Montsdoca, we conclude that Fritts’s Florida armed robbery conviction under § 812.13 categorically qualifies as a “violent felony” under the ACCA’s elements clause.

VI. CONCLUSION

For all of these reasons, we must affirm Fritts’s total 180-month sentence.

AFFIRMED.

1

. On appeal, Fritts does not challenge either of the other two qualifying predicate convictions, and we do not address them further.

2

. As we noted in Seabrooks, in 1992, the robbery statute in § 812.13(1) was amended to add this language: "with intent to either permanently or temporarily deprive the person or the owner of the money or other property,” See Seabrooks, 839 F.3d at 1339, 2016 WL 6090860, at *10 n.6; 1992 Fla. Laws 155, § 1. But, the language of "the use of force, violence, assault, or putting in fear," remained the same. After 1992, the robbery statute reads:

(1) “Robbery” means the taking of money - or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

Fla. Stat. § 812.13(1)(1993).

3

. We acknowledge that this opinion uses the discussion in Sections IIIB, C, and F of Seabrooks. See Seabrooks, 839 F.3d at 1338, 2016 WL 6090860, at *10, 13. Given that these sections were a single judge concurrence, we now use that same analysis as the panel opinion here.

4

. Because the relevant parts of the definition of "violent felony” under the ACCA and "crime of violence” under the Sentencing Guidelines are identical, this Court often considers cases interpreting the language in the Sentencing Guidelines as authority in cases interpreting the language in the ACCA. See U.S.S.G. § 4Bl,2(a) (providing a crime of violence includes an offense that "has as an element the use, attempted use, or threatened use of physical force against the person of another”); see also United States v. Alexander, 609 F.3d 1250, 1253 (11th Cir. 2010); United States v. Rainey, 362 F.3d 733, 735 (11th Cir. 2004).

5

. The Locldey Court also determined: "These elements hew almost exactly to the generic definition of robbery.” Id at 1243. As to generic robbery, Lockley states that the generic definition is “the taking of property from another person or from the immediate presence of another person by force or intimidation.” Lockley, 632 F.3d at 1244 (quotation marks omitted). Under the generic approach, intimidation is the fear of bodily harm. Id,

6

. Lockley’s conviction was for "attempted robbery” in violation of Florida Statutes § 812.13(1) and § 777.04(1). The Lockley Court said that "because the commentary explicitly states that the attempt to commit a 'crime of violence’ is itself a 'crime of vio-[*942] fence,’ Lockley’s attempted robbery conviction categorically qualifies under the elements clause as a predicate for the career offender enhancement." 632 F.3d at 1245. Since Fritts’s conviction was not for attempt but for armed robbery, we need not review further Lockley’s discussion of attempt.

7

. In 1999, Florida enacted a wholly separate statute, § 812.131, which proscribes sudden snatching. See 1999 Fla. Laws 175, Florida’s sudden snatching statute requires only a taking and no physical force:

(1) "Robbery by sudden snatching” means the taking of money or other property from[*943] the victim’s person, with intent to permanently or temporarily deprive the victim or the owner of the money or other property, when, in the course of the taking, the victim was or became, aware of the taking, fo order to satisfy this definition, it is not necessary to show that:
(a) The offender used any amount of force beyond that effort necessary to obtain possession of the money or other property; or (b) There was any resistance by the victim to the offender or that there was injury to the victim’s person.-

Fla. Stat. § 812.131 (1999) (emphasis added). As explained herein, the Florida courts for years held that the robbery statute in § 812.13 required resistance by the victim and physical force by the offender, and did not cover mere sudden snatching. This new sudden snatching statute was apparently needed because § 812.13 (robbery) did not cover sudden snatching where there was no resistance by the victim and no physical force to overcome it.