USA v. Randy Bragg
Opinion issued by court as to Appellant Randy Bernard Bragg. 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: 08/04/2017
Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
D.C. Docket No. 5:00-cr-00037-LJA-CHW-1
UNITED STATES OF AMERICA,
Plaintiff – Appellee,
RANDY BERNARD BRAGG,
Defendant – Appellant.
Appeals from the United States District Court
for the Middle District of Georgia
(August 4, 2017)
Before MARCUS, JORDAN, and JILL PRYOR, Circuit Judges.
Following the Surpeme Court’s decision in Johnson v. United States, 135 S.
Ct. 2551 (2015), the district court vacated Randy Bragg’s 210-month sentence,
Date Filed: 08/04/2017
Page: 2 of 2
which had been imposed under the Armed Career Criminal Act, 18 U.S.C. §
Because the ACCA no longer applied to Mr. Bragg, his maximum
statutory sentence for violating 18 U.S.C. § 922(g) was 10 years, and his advisory
guideline range was 57-71 months.
By the time of the resentencing hearing, Mr. Bragg had served
approximately 198 months in prison – 78 months more than his maximum 10-year
sentence. So both Mr. Bragg and the government asked the district court to impose
a sentence at or below the 10-year maximum. The government told the district
court that a sentence of time served (i.e., 198 months) would be illegal because it
would exceed the 10-year maximum.
The district court varied upward and imposed a sentence of time served.
Because Mr. Bragg had served approximately 198 months in prison, the timeserved sentence exceeded the 10-year maximum and constituted reversible error.
We therefore vacate Mr. Bragg’s sentence and remand for resentencing. See, e.g.,
United States v. Sanchez, 586 F.3d 918, 930 (11th Cir. 2009) (holding that sentence
exceeding statutory maximum constituted plain error and required vacator). The
district court shall impose a sentence at or below the 10-year statutory maximum.
VACATED AND REMANDED.
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