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United States v. Bennett

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
May 10, 2019
No. 18-10897 (11th Cir. May. 10, 2019)

Opinion

No. 18-10897

05-10-2019

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TROY BENNETT, Defendant-Appellant.


[DO NOT PUBLISH] Non-Argument Calendar D.C. Docket No. 6:16-cr-00256-CEM-TBS-1 Appeal from the United States District Court for the Middle District of Florida Before, TJOFLAT, JORDAN, and FAY, Circuit Judges. PER CURIAM:

Troy Bennett appeals his 300-month sentence, which the district court imposed pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e). We affirm because both of Mr. Bennett's arguments are foreclosed by Eleventh Circuit precedent. See United States v. Hill, 799 F.3d 1318, 1323 (11th Cir. 2015) (holding that a conviction for resisting an officer with violence pursuant to Fla. Stat. §843.01 is a violent felony under the ACCA's elements clause); United States v. Smith, 775 F.3d 1262, 1267-68 (11th Cir. 2014) (holding that a conviction for possession of cocaine with the intent to distribute pursuant to Fla. Stat. §893.13 is a serious drug offense under the ACCA). We recognize Mr. Bennett's arguments that cases like Hill and Smith were incorrectly decided, but we are nevertheless bound to follow them. See, e.g., Smith v. GTE Corp., 236 F.3d 1292, 1303 (11th Cir. 2001).

AFFIRMED.


Summaries of

United States v. Bennett

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
May 10, 2019
No. 18-10897 (11th Cir. May. 10, 2019)
Case details for

United States v. Bennett

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. TROY BENNETT…

Court:UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

Date published: May 10, 2019

Citations

No. 18-10897 (11th Cir. May. 10, 2019)