USA v. Dontrey Williams
Opinion issued by court as to Appellant Dontrey Williams. Decision: Vacated and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.
Date Filed: 08/26/2016
Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
D.C. Docket No. 1:15-cr-20152-JLK-1
UNITED STATES OF AMERICA,
Appeal from the United States District Court
for the Southern District of Florida
(August 26, 2016)
Before HULL, MARCUS, and MARTIN, Circuit Judges.
Dontrey Williams appeals his conviction for possession of a firearm by a
felon, in violation of 18 U.S.C. § 922(g)(1). He claims that his entry of a guilty
Date Filed: 08/26/2016
Page: 2 of 2
plea with “adjudication withheld” in Florida state court did not make him a “felon”
for § 922(g)(1). Whether a person is a “felon” for § 922(g)(1) “shall be determined
in accordance with the law of the jurisdiction in which the proceedings were held.”
Id. § 921(a)(20). A little over a year ago, this court certified to the Florida
Supreme Court the question of whether a guilty plea with adjudication withheld is
a “conviction” under Florida law. United States v. Clarke, 780 F.3d 1131, 1132
(11th Cir. 2015) (per curiam) (alteration omitted). This past February, the Florida
Supreme Court responded by ruling that “a guilty plea for a felony for which
adjudication was withheld does not qualify as a ‘conviction.’” Clarke v. United
States, 184 So. 3d 1107, 1108 (Fla. 2016). This court then vacated a § 922(g)(1)
conviction that was based on a guilty plea in Florida state court where adjudication
was withheld. United States v. Clarke, 822 F.3d 1213, 1214–15 (11th Cir. 2016)
(per curiam). Williams’s § 922(g)(1) conviction was also based on a guilty plea in
Florida state court where adjudication was withheld. The government therefore
concedes that Williams’s “§ 922(g) conviction for being a felon in possession must
be vacated.” [R. Br. 8] We agree.
VACATED AND REMANDED.
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