USA v. Glenton Peterkin


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

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Case: 15-15378 Date Filed: 04/24/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 15-15378 Non-Argument Calendar ________________________ D.C.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. 2

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