Legal Opinion

United States v. Kelvin Esprit

Court of Appeals for the Eleventh Circuit

Decided November 21, 2016No. 14-13066PublishedCited by 16 opinions

1Opinion of the Court

JILL PRYOR, Circuit Judge:

In this direct appeal, we are tasked with deciding whether a prior conviction for burglary under Florida law may serve as a basis for an enhanced sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). In light of the Supreme Court’s decisions in Johnson v. United States, — U.S.-, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), and Mathis v. United States, — U.S.-, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), the government agrees with Kelvin Esprit, who is serving an ACCA-enhanced sentence, that his burglary convictions cannot support such a sentence. For the…

2Cases cited13 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Johnson v. United StatesSupreme Court of the United States · 2015
  3. Sibron v. New YorkSupreme Court of the United States · 1968
  4. Shepard v. United StatesSupreme Court of the United States · 2005
  5. Mathis v. United StatesSupreme Court of the United States · 2016

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3Cited by16 opinions

  1. United States v. Carlos Urbina-FuentesCourt of Appeals for the Fifth Circuit · 2018
  2. United States v. Jean OscarCourt of Appeals for the Eleventh Circuit · 2017
  3. United States v. Jose Gabriel Garcia-MartinezCourt of Appeals for the Eleventh Circuit · 2017
  4. Emmanuel Lauture v. U.S. Attorney GeneralCourt of Appeals for the Eleventh Circuit · 2022
  5. Albert Williams v. United StatesCourt of Appeals for the Eleventh Circuit · 2019

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