USA v. Kelvin Pace


Opinion issued by court as to Appellant USA in 16-16427, 16-16429. Decision: Reversed in part, Vacated in part and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link [16-16427, 16-16429]

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Case: 16-16427 Date Filed: 09/29/2017 Page: 1 of 3 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 16-16427 Non-Argument Calendar ________________________ D.C. Docket No. 1:03-cr-20102-CMA-1 UNITED STATES OF AMERICA, Plaintiff-Appellant, versus KELVIN PACE, Defendant-Appellee. ________________________ No. 16-16429 Non-Argument Calendar ________________________ D.C. Docket Nos. 1:16-cv-21794-CMA, 1:03-cr-20102-CMA-1 KELVIN PACE, Case: 16-16427 Date Filed: 09/29/2017 Page: 2 of 3 Petitioner-Appellee, versus UNITED STATES OF AMERICA, Respondent-Appellant. ________________________ Appeals from the United States District Court for the Southern District of Florida ________________________ (September 29, 2017) Before TJOFLAT, WILLIAM PRYOR and BLACK, Circuit Judges. PER CURIAM: The Government appeals the district court’s grant of Kelvin Pace’s motion to vacate sentence, 28 U.S.C. § 2255. Pace had been sentenced to 235 months’ imprisonment under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e). The Government asserts the district court erred by concluding Pace lacked a sufficient number of predicate “violent felonies” in light of Johnson v. United States, 135 S. Ct. 2551 (2015). After review,1 we reverse and remand to the district court. 1 In a 28 U.S.C. § 2255 proceeding we review a district court’s findings of fact for clear error, and its legal conclusions de novo. Garcia v. United States, 278 F.3d 1210, 1212 (11th Cir. 2002). 2 Case: 16-16427 Date Filed: 09/29/2017 Page: 3 of 3 Pace contends the cases cited by the Government are unpersuasive. We do not agree. Following close review, we conclude our binding precedent counsels in favor of reversal and remand because, in light of his convictions for Florida robbery pursuant to Florida Statue § 812.13, Pace has a sufficient number of predicate “violent felonies” to support an armed career criminal designation under the ACCA. See United States v. Fritts, 841 F.3d 937 (11th Cir. 2016); United States v. Lockley, 632 F.3d 1238 (11th Cir. 2011); United States v. Dowd, 451 F.3d 1244 (11th Cir. 2006). The district court’s amended judgment is VACATED. The district court’s order granting Pace’s motion to vacate sentence is REVERSED. We REMAND to the district court for reinstatement of its original judgment and further action consistent with this opinion. 3

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