The 2023 Florida Statutes (including Special Session C)
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. . . . ----, ---- - ----, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018) (slip op., at 33-47). . . . S. ----, ----, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018) (slip op., at 43); United States v. . . . . ----, ---- - ----, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018) (slip op., at 34-35). . . .
. . . United States Dept. of Homeland Security , 924 F.3d 684 (2019), cert. pending, No. 18-1469. . . . United States Dept. of Homeland Security , 924 F.3d 684, 709-715 (CA4 2019) (Richardson, J., concurring . . .
. . . . § 924(c). . . . Under § 924(c), St. . . . Hubert argued that his Hobbs Act crimes were not "crime[s] of violence" under § 924(c). . . . The Court of Appeals held both that the residual clause, § 924(c)(3)(B), was not void for vagueness-a . . . Hubert's Hobbs Act crimes constituted crimes of violence under the elements clause, § 924(c)(3)(A). . . .
. . . . ----, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018). . . .
. . . . ----, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018) ; id ., at ----, 138 S.Ct., at 2499 (KAGAN, J., dissenting . . . S. ----, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018) ; Hurst v. Florida , 577 U. . . . S. ----, 138 S.Ct. 2448, 201 L.Ed.2d 924 (2018), where we overruled Abood v. . . .
. . . Rep. 924, 925 (N. . . . Rep. 924 (N. . . .
. . . . §§ 922(g)(1), 924(a)(2), and for possessing drugs with the intent to distribute them, 21 U.S.C. §§ . . .
. . . . § 924(a)(2). . . .
. . . III A The parties here agree that § 924(e)(2)(A)(ii) requires a categorical approach. . . . They differ, however, on what comparison § 924(e)(2)(A)(ii) requires. . . . 924(e)(2)(B)(ii), show that § 924(e)(2)(A)(ii) refers to conduct. . . . Contrast § 924(e)(2)(A)(ii) with § 924(e)(2)(B)(ii), the enumerated-offense clause of ACCA's "violent . . . See § 924(e)(2)(B)(ii) (crime that "is burglary, arson, or extortion"). . . .
. . . . § 924(e)(1) (applying to felons-in-possession with "three previous convictions ... for a violent felony . . . . § 4B1.2(a)(1), which has a definition that is "nearly identical" to "violent felony," 18 U.S.C. § 924 . . . His Texas drug convictions also qualify as "serious drug offenses." 18 U.S.C. § 924(e)(2)(A)(ii). . . . Id. at 886 (internal quotation marks and citation omitted); see 18 U.S.C. § 924(e)(2)(A)(ii) (defining . . .
. . . Homar , 520 U.S. 924, 930, 117 S.Ct. 1807, 138 L.Ed.2d 120 (1997) ("[O]n many occasions, [ ] where a . . .
. . . . §§ 922(g)(1) and 924(a)(2). . . . was charged with being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g)(1) and 924 . . .
. . . Barr , 924 F.3d 983, 986 (8th Cir. 2019), and Reyna's preliminary contention is foreclosed by that decision . . .
. . . Mullin, 379 F.3d at 924. . . .
. . . . § 924(c)(1) and (2). . . . . § 924(c)(1)(C)(i). He did not appeal. . . . Circuit case law has held that a Hobbs Act robbery is a crime of violence under the force clause of 924 . . .
. . . . §§ 922(g)(1) and 924(a)(2). . . .
. . . Owens-Illinois, Inc. , 665 F.2d 918, 924 (9th Cir. 1982) (internal quotation omitted), the essence of . . . Williams , 665 F.2d at 924 (quoting Reed , 613 F.2d at 760 ); see Del. State Coll. v. . . . See Williams , 665 F.2d at 924 ("[C]ontinuing impact from past violations is not actionable." . . .
. . . Calderon, 151 F.3d 918, 924 (9th Cir. 1998) (en banc). . . . See Thompson, 151 F.3d at 924. . . . Thompson, 151 F.3d at 924. . . . Thompson, 151 F.3d at 924. . . . Dep't of Corr, 924 F.3d 1330, 1338-39 (11th Cir. 2019). . . . Dep't of Corr., 924 F.3d 1330, 1339 n.5 (11th Cir. 2019). . . . Smith, 924 F.3d at 1339 (quoting Montgomery, 136 S. Ct. at 735 ) (quotation marks omitted). . . . See 924 F.3d at 1339 n.5. . . .
. . . Cortez, 930 F.3d 350, 358-62 (4th Cir. 2019) ; Ortiz-Santiago, 924 F.3d at 963-64. . . . See Cortez, 930 F.3d at 360 ; Ortiz-Santiago, 924 F.3d at 962-63. . . . See Ortiz-Santiago, 924 F.3d at 963 ("While an agency may adopt rules and processes to maintain order . . . See Pierre-Paul, 930 F.3d at 691-92 ; Cortez, 930 F.3d at 360-62 ; Ortiz-Santiago, 924 F.3d at 963-64 . . . See Ortiz-Santiago, 924 F.3d at 961-62. . . .
. . . . § 924(c)(1)(A)(i) (Count Seventeen) 18 U.S.C. § 922(g)(1) (Count Eighteen) 21 U.S.C. § 841(a)(1) (Count . . . Twenty-Four) 18 U.S.C. § 924(c)(1)(A)(i) (Count Twenty-Five) 18 U.S.C. § 922(g)(1) (Count Twenty-Six . . .
. . . Leon , 468 U.S. 897, 924, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). . . .
. . . Townsend , 924 F.2d 1385, 1394 (7th Cir. 1991). . . . Townsend , 924 F.2d at 1389 (internal quotation marks omitted). . . . Townsend , 924 F.2d at 1411. Because Mr. . . . Hopper based on drug transactions not related to the conspiracy in which he participated, see Townsend , 924 . . .
. . . . §§ 922(g)(1) and 924(a)(2), and sentenced to two consecutive 90-month imprisonment terms. . . .
. . . Ct. 2448, 2470, 201 L.Ed.2d 924 (2018). See also id. . . .
. . . Bartholomew , 310 F.3d 912, 924 (6th Cir. 2002) (quoting United States v. . . .
. . . Op. at 924-25. We may not "recognize a cause of action that Congress has denied." . . .
. . . . § 924(c)(1)(A). We affirm Begay's conviction for second-degree murder. . . . We hold that second-degree murder is not a "crime of violence," reverse the § 924(c) count of conviction . . . Begay was convicted of discharging a firearm during a "crime of violence" under 18 U.S.C. § 924(c). . . . Instead, in those cases, we found that other challenges to § 924(c) convictions lacked merit. . . . cannot stand under either the elements clause or residual clause of § 924(c)(3). . . .
. . . Sec'y, Dep't of Corr., 924 F.3d 1171, 1176 (11th Cir. 2019). . . . Long, 924 F.3d at 1176. . . . Campbell, 541 U.S. 637, 650, 124 S.Ct. 2117, 158 L.Ed.2d 924 (2004) (recognizing "the State's significant . . .
. . . Athletic Ass'n, 531 U.S. 288, 295, 121 S.Ct. 924, 148 L.Ed.2d 807 (2001) ). . . .
. . . . § 924(e)(1), based on five prior Missouri convictions for sale of a controlled substance. See Mo. . . . for ... a serious drug offense ... committed on occasions different from one another." 18 U.S.C. § 924 . . . ), for which a maximum term of imprisonment of ten years or more is prescribed by law." 18 U.S.C. § 924 . . . categorical approach" and compare the elements of the state offense with the elements set forth in § 924 . . . So each of Jones's five convictions under § 195.211 matches the offense defined in § 924(e)(2)(A)(ii) . . .
. . . . § 924(e)(2)(B). . . . See § 924(e)(1). . . . See § 924(e)(2)(B)(i) (defining "violent felony" to include offenses that "ha[ve] as an element the use . . .
. . . . §§ 922(g)(1) and 924(a)(2). . . .
. . . Rep. 97-494, at 161 (1982), as reprinted in 1982 U.S.C.C.A.N. 781, 924 (emphasis added). . . .
. . . . §§ 922(g)(1), 924(a)(2). . . .
. . . Republic Refining Co. , 924 F.2d 93 (5th Cir. 1991). . . .
. . . . § 924(c) when the judge selects sentences for underlying predicate offenses. . . . imposed for brandishing a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924 . . . judge from considering the severity of mandatory consecutive minimum sentences required by section 924 . . . Subsection 924(c)(1)(C) was amended last year to provide that only a second section 924(c) conviction . . . minimum 25-year sentence provided by subsection 924(c)(1)(C)(i). . . .
. . . . § 924(e)(1). . . . Id. § 924(e)(2)(B). . . . penalize a movant for a district court's discretionary choice not to specify under which clause of Section 924 . . .
. . . . §§ 922(g)(1), 924(a)(2), and 924(e) ("Count 1"); (2) possession with intent to distribute a quantity . . . (3) possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924 . . .
. . . . § 924(c). . . .
. . . Id. at 924. In Ehlers v. . . .
. . . . § 924(c), which in turn ultimately relied upon 21 U.S.C. § 846, which covered only attempts or conspiracies . . .
. . . . § 924(c)(1)(A)(i). Later, the district court held a joint trial for Brown, Harris, and Ryan. . . .
. . . . § 924(c). . . . Each Petitioner's § 2255 motion argues that § 924(c)(3) 's residual clause is unconstitutionally vague . . . Davis , striking down § 924(c)(3)(B) as unconstitutionally vague. --- U.S. ----, 139 S. . . . Section 924(c)(3) defines "crime of violence" to mean a felony offense that "(A) has as an element the . . . Ct. at 2336 ("[ Section] 924(c)(3)(B) is unconstitutionally vague"). . . .
. . . . §§ 1951(a), 2113(a), 924(c), 922(g). . . .
. . . A 226.2(a) 924)-(5)(i) (emphasis added). . . .
. . . . § 924(e)(1). . . . The ACCA specifically enumerates burglary as a violent felony. 18 U.S.C. § 924(e)(2)(B)(ii). . . .
. . . Hartman , 924 F.3d 445, 448 (7th Cir. 2019) (internal quotation marks and citation omitted). . . . Gant , 924 F.3d at 448. B. . . .
. . . . § 924(e). . . . explaining that "convictions under the Minnesota statutes that Raymond violated are violent felonies under § 924 . . . See 21 U.S.C. § 841(b)(1)(C) and 18 U.S.C. §§ 924(a)(2) and 3583(b)(2). . . .
. . . . § 924(c) for using and discharging firearms during a crime of violence. . . . and this court, however, require us to reverse Fields' and Mzembe's convictions and sentences under § 924 . . . § 924(c). . . . The other way to satisfy § 924(c) is the elements clause, but we explained in United States v. . . . The § 924(c) convictions of Fields and Mzembe are REVERSED. . . .
. . . . §§ 922(g)(1) and 924(e)(1). . . . use, attempted use, or threatened use of physical force against the person of another." 18 U.S.C. § 924 . . .
. . . Munoz , 924 F.3d 753, 760 n.3 (5th Cir. 2019). . . .
. . . . § 924-in connection with their activities as members of a New Orleans gang. . . . Appellants now seek vacatur of their § 924 convictions. . . . Among these were several convictions under 18 U.S.C. § 924. . . . In their briefs, they argue that their § 924 convictions are unconstitutional under Sessions v. . . . This suggests that the § 924 convictions were based on the RICO conspiracy predicate. . . .
. . . Graham , 489 U.S. 838, 841, 109 S.Ct. 1519, 103 L.Ed.2d 924 (1989) (holding a tribe's sovereign immunity . . .
. . . . §§ 922(g)(1), 924(a)(2). The district court sentenced him to 110 months' imprisonment. . . . Brockman , 924 F.3d 988, 993-94 (8th Cir. 2019) ; United States v. . . .
. . . Republic of Palau , 924 F.2d 1237, 1243-44 (2d Cir. 1991) ). . . .
. . . . § 924(c). . . . On appeal, Walker principally challenges his § 924(c) conviction. . . . Courts refer to § 924(c)(3)(A) as the "force clause" and to § 924(c)(3)(B) as the (now-invalid) "residual . . . We turn first to § 924(c)(3)(B), the residual clause. . . . Accordingly, we turn to the force clause, § 924(c)(3)(A). . . .
. . . . §§ 922(g) and 924(e). . . . See 18 U.S.C. § 924(e)(1) ("In the case of a person who violates section 922(g) of this title and has . . . explicitly rejected this distinction for the purposes of applicability of the ACCA: For purposes of § 924 . . .
. . . Dist., 924 F.3d 621, 630 (1st Cir. 2019). . . .
. . . . § 924(c) ; possession of a firearm by a felon, id. § 922(g); and possession with intent to distribute . . . But section 924(c) does not require a completed transaction, and so it is irrelevant that Harper's trade . . . Instead, to violate section 924(c), a defendant must acquire possession of the gun during a drug deal . . . because the gun ended up in a locked tool box, he never truly "possessed" it as required by section 924 . . . Harper's close connection to the gun justified the section 924(c) charge. . . .
. . . Sheriff's Dep't , 924 F.3d 375, 384 (7th Cir. 2019). 1. . . . Cal. , 523 F.3d 924, 931 (9th Cir. 2008). . . .
. . . . § 924(c)(1)(A)(ii). In return, the government agreed to dismiss a second § 924(c) count. . . . reversing a sentence based on an incorrect reading of the mandatory-minimum provision of 18 U.S.C. § 924 . . .
. . . . §§ 922(n), 924(a)(1)(D). . . .
. . . Homar, 520 U.S. 924, 930, 117 S.Ct. 1807, 138 L.Ed.2d 120 (1997) )). . . .
. . . Shanklin , 924 F.3d 905, 919 (6th Cir. 2019), but review de novo a conclusion that a crime involved " . . .
. . . . §§ 922(g)(1) and 924(a)(2). . . .
. . . . § 924(c)(1)(A)(ii). . . . Cosby , 924 F.3d 329, 336 (7th Cir. 2019) (citation and internal quotation omitted). . . .
. . . . § 924(e). . . . The court explained that because the Supreme Court had invalidated the residual clause found in § 924 . . . 176 L.Ed.2d 1 (2010), and because Johnson had not been convicted of any enumerated offenses, see § 924 . . . Because this definitional language is essentially the same as that in ACCA, see 18 U.S.C. § 924(e)(2) . . . (B)(i)-(ii), we look to caselaw interpreting § 924(e)(2)(B) to determine whether Johnson's crimes are . . .
. . . . §§ 922(g)(1), 924(a)(2). . . .
. . . . § 924(c)(1)(A)(i) ; and (V) distribution of and possession with intent to distribute 50 grams or more . . .
. . . Ritchie , 631 F.3d 919, 924 (8th Cir. 2011). Thus, we grant both motions. . . .
. . . Tucker , 806 S.W.2d 914, 924 (Tex. App. . . .
. . . . § 924(c)(1)(A). . . .
. . . . §§ 924(c)(1)(A), 924(j)(1) and (2) ; • knowingly transferring a firearm for use during VICAR murders . . . , see 18 U.S.C. § 924(h) ; • conspiring to engage in drug trafficking, see 18 U.S.C. §§ 846, 860; and . . . • conspiring to possess firearms during drug-trafficking crimes, see 18 U.S.C. § 924(o). . . . violence" - i.e. , VICAR murder predicated on Puerto Rico's murder statute - in violation of 18 U.S.C. § 924 . . .
. . . App'x 924, 927 (3d Cir. 2006) (faulting the ALJ for drawing a negative inference from the claimant's . . .
. . . Stephenson , 924 F.2d 753, 758 (8th Cir. 1991) ). . . .
. . . . § 924(c). . . . violated the Speedy Trial Clause of the Sixth Amendment, and that the jury instructions for 18 U.S.C. § 924 . . . See 18 U.S.C. § 924(c)(1)(A)(ii). . . . Section 924(c) provides that "any person who, during and in relation to any crime of violence or drug . . . The minimum consecutive sentence is increased to seven years "if the firearm is brandished." § 924(c) . . .
. . . Hartman , 924 F.3d 445, 451 (7th Cir. 2019) (dismissing officer's appeal of denial of qualified immunity . . .
. . . Johnson, 816 F.2d 918, 924 (3d Cir. 1987). . . . See Claxton, 766 F.3d at 304 ; Johnson, 816 F.2d at 924 ; Higgs, 713 F.2d at 43-44. . . .
. . . . § 924(c)(1)(A) and (B)(i). . . . conviction and sentence became final, Pollard has filed two 28 U.S.C. § 2255 motions challenging his § 924 . . . Pollard now asks this Court for permission to file a third § 2255 motion, contending that his § 924(c . . . In denying some of those applications, we reasoned that even if § 924(c)(3)(B) 's residual clause was . . . This Court has already held that armed robbery of a bank qualifies as a crime of violence under § 924 . . .
. . . . § 924(c)(1) (1988). . . .
. . . . § 924(e)(1). In 1999, Clark was convicted in Illinois of conspiring to distribute cocaine. . . . "We review de novo whether a prior conviction is a predicate offense under [ 18 U.S.C. § 924(e)(1) ]. . . . related to the object of the conspiracy" were "separate qualifying predicate offenses" under 18 U.S.C. § 924 . . .
. . . crimes of violence under the statute's "force clause," 18 U.S.C. § 924(c)(3)(A). . . . to a "crime of violence." 18 U.S.C. § 924(c)(1)(A). . . . We refer to Section 924(c)(3)(A) as the "force clause," and to Section 924(c)(3)(B) as the "residual . . . clause" or the "924(c) residual clause." . . . See Descamps , 570 U.S. at 261, 133 S.Ct. 2276 ; 18 U.S.C. § 924(c)(3)(A). . . .
. . . . § 924(c) - which prohibits using or carrying a firearm during and in relation to any crime of violence . . .
. . . Acosta , 924 F.3d 288, 299 (6th Cir. 2019) (alterations in original) (citations omitted). . . .
. . . . § 924(c) (Count Five). . . . Ct. 1204, 200 L.Ed.2d 549 (2018), to § 924(c) and held that § 924(c)(3)(B) 's residual clause, like the . . . Navarro's § 924(c) Claim Navarro has not made a prima facie showing that, regarding his § 924(c) conviction . . . . § 924(c)(1)(A). . . . (c) conviction. 18 U.S.C. §§ 924(c)(1)(A), (c)(2). . . . . § 924(c) claim. . . .
. . . . §§ 922(g) and 924(a)(2), based on the assertion that the government failed to allege and prove he had . . . In Bailey , the Supreme Court construed 18 U.S.C. § 924(c)(1), which, at the time, imposed a prison term . . . criminal statute does not reach certain conduct" and determined that pre- Bailey applications of § 924 . . . As a result, as the Court determined in Bousley with respect to pre- Bailey applications of § 924(c)( . . . 1), pre- Rehaif applications of §§ 922(g) and 924(a)(2) "necessarily carr[y] a significant risk that . . . . § 924(a)(2) -which provides that anyone who "knowingly violates" § 922(g) can be imprisoned for up . . .
. . . . § 924(e). Cornette now contends that in light of the Supreme Court's decision in Johnson v. . . . Under 18 U.S.C. § 924(a)(2), this conviction carries a maximum prison sentence of ten years. . . . different from one another ... shall be ... imprisoned not less than fifteen years[.]" 18 U.S.C. § 924 . . . involves conduct that presents a serious potential risk of physical injury to another[.] 18 U.S.C. § 924 . . . not penalize a movant for a court's discretionary choice not to specify under which clause of Section 924 . . .
. . . The government sought an enhanced penalty under § 924(e)(1) based on Hennessee's three prior convictions . . . Tennessee-that qualified as violent felonies under the Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924 . . . whether the two offenses were "committed on occasions different from one another," as required under § 924 . . . convictions ... for a violent felony ... committed on occasions different from one another." 18 U.S.C. § 924 . . . See 18 U.S.C. § 924(e)(1). . . .
. . . . § 924(c)(3)(B) -which partially defines "crime of violence" for § 924-is unconstitutionally vague. . . . On February 24, 2017, we relied on Cardena to vacate Antwon Jenkins's conviction under § 924(c)(1)(A) . . . Davis , 903 F.3d 483 (5th Cir. 2018) (also holding that § 924(c)(3)(B) is unconstitutionally vague). . . . Now, the Supreme Court has found that § 924(c)(3)(B) is unconstitutional. --- U.S. ----, 139 S. . . . Accordingly, § 924(c)(3)(B) is unconstitutionally vague. Id. at 2336-55. . . .
. . . Bd. , 880 F.3d 913, 924 (7th Cir. 2018), as amended on denial of reh'g and reh'g en banc (June 19, 2018 . . . See, e.g., Delgado , 880 F.3d at 924 (stringent application of a statute's "exhaustion requirement can . . .
. . . Stefanchik , 559 F.3d 924, 927 (9th Cir. 2009). . . .
. . . Daniels , 541 F.3d 915, 924 (9th Cir. 2008) (internal quotation marks omitted). . . .
. . . . § 924(e) (the Armed Career Criminal Act ("ACCA")). . . . purposes of sentencing on the firearm conviction, an armed career criminal under ACCA, 18 U.S.C. § 924 . . . his firearm conviction of 15 years' imprisonment and a maximum of life imprisonment, see 18 U.S.C. § 924 . . . enhancement of what would otherwise have been a maximum sentence of 10 years' imprisonment, see id . § 924 . . .
. . . . §§ 922(g)(1) & 924. . . . Step Act and 21 U.S.C. § 802(57) covers a smaller set of crimes, offenses "described in [ 18 U.S.C. §] 924 . . .
. . . Richmond , 924 F.3d 404, 411 (7th Cir. 2019) (citations omitted). . . .
. . . Fleet Nat'l Bank, 456 Mass. 562, 924 N.E.2d 696, 704 (2010) ). . . . Nickerson, 924 N.E.2d at 704 ). Dexter alleges two breaches of the implied covenant. . . .
. . . . § 924(c) & (o) (Count 3). . . . We recognize that Cannon argues that (1) his firearm § 924(c) and § 924(o) counts in Counts 3, 6, and . . . conviction may implicate § 924(c)(3)(B) 's residual clause and Davis . . . . (o) conviction in Count 3 and DENIED as to his § 924(c) convictions in Counts 6 and 14. . . . . § 16(b), not § 924(c). . . .
. . . Barr , 924 F.3d 956, 957-58, 962-64 (7th Cir. 2019) ; Ali v. . . . Barr , 924 F.3d 983, 986 (8th Cir. 2019) ; Banegas Gomez v. . . .
. . . EDITH BROWN CLEMENT, Circuit Judge: We withdraw our prior opinion, 924 F.3d 180, and substitute the following . . .
. . . . § 924(a)(1)(A). . . . Section 924(a)(1)(A) prohibits individuals from knowingly making any false statement or representation . . . Nelson , 221 F.3d 1206, 1209-10 (11th Cir. 2000) (affirming § 924(a)(1)(A) conviction of defendants who . . . on an ATF Form 4473 as to the identity of the actual buyer of a firearm constitutes a violation of § 924 . . . To establish a violation of § 924(a)(1)(A), the government must prove: (1) the dealer was a federally . . . . § 924(a)(1)(A). . . .