USA v. Glenton Peterkin

Filing

Opinion issued by court as to Appellant Glenton Anthony Peterkin. Decision: Affirmed. 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.

Case: 15-15378

Date Filed: 04/24/2017

Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 15-15378
Non-Argument Calendar
________________________
D.C. Docket No. 1:15-cr-20334-KMM-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
GLENTON ANTHONY PETERKIN,
Defendant - Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(April 24, 2017)
Before HULL, WILSON, and JORDAN, Circuit Judges.
PER CURIAM:
Glenton Peterkin argues that the district court erred by using two Florida
convictions to enhance his sentence for being a career offender under U.S.S.G.

Case: 15-15378

Date Filed: 04/24/2017

Page: 2 of 2

§ 4B1.2. But the arguments are squarely foreclosed by this Court’s prior published
opinions.

Mr. Peterkin’s career offender enhancement is unaffected by the

Supreme Court’s decision in Johnson v. United States, __ U.S. __, 135 S. Ct. 2551
(2015), because vagueness principles do not apply to the advisory Sentencing
Guidelines. See Beckles v. United States, __ U.S. __, 137 S. Ct. 886, 890 (2017);
United States v. Matchett, 802 F.3d 1185, 1190 (11th Cir. 2015). And his Florida
convictions

that

supported

the

enhancement—for

robbery

(Fla.

Stat.

§ 812.13(1)) and aggravated assault (Fla. Stat. § 784.021)—remain qualifying
predicates under § 4B1.2. See United States v. Lockley, 632 F.3d 1238, 1240–46
(11th Cir. 2011) (robbery conviction under § 812.13(1) qualifies as crime of
violence); Turner v. Warden Coleman FCI (Medium), 709 F.3d 1328, 1332 (11th
Cir. 2013) (aggravated assault conviction under § 784.021 qualifies as crime of
violence).
AFFIRMED.

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