United States v. Eddy Wilmer Vail-Bailon

I join Judge Rosenbaum’s opinion for the court in full and add the following comments.

In three unpublished cases, we have previously held that the crime of felony battery in Florida, as set forth in Fla. Stat. § 784.041, has as an element “the use, attempted use, or threatened use of physical force against the person of another.” See United States v. Eady, 591 Fed.Appx. 711, 719 (11th Cir. 2014); United States v. Eugene, 423 Fed.Appx. 908, 911 (11th Cir. 2011); United States v. Crawford, 568 Fed.Appx. 725, 728 (11th Cir. 2014). Although these decisions are not binding, see 11th Cir. R. 36-2,…