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United States v. Harris

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[PUBLISH]

Before MARCUS and HILL, Circuit Judges, and VOORHEES,*fn1 District Judge.

Anthony Harris appeals the district court’s application of the U.S.S.G. § 2K2.1(a)(4)(A) career offender enhancement to his sentence for being a felon in possession of a firearm. He argues that his prior felony conviction under Fla. Stat. § 316.1935(3)(a) for willfully fleeing or eluding a police officer at high speed or with wanton disregard for the safety of persons or property should not qualify as a “crime of violence,” as defined by U.S.S.G. § 4B1.2. Harris claims more specifically that under the framework announced by the Supreme Court in Begay v. United States, 128 S.Ct. 1581 (2008), eluding the police does not constitute “purposeful, violent and aggressive conduct,” id. at 1586-87, and, therefore, cannot form a predicate offense for the career offender sentence enhancement. However, application of the framework explained by the Supreme Court in Begay, as well as its holdings in James v. United States, 550 U.S. 192 (2007), and Chambers v. United States, 129 S.Ct. 687 (2009), yields the conclusion that a conviction under Section 316.1935(3)(a) of Florida’s penal code qualifies as a “crime of violence” for Section 2K2.1(a)(4)(A) purposes, and, accordingly, we affirm.

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