Page:Denard Stokeling v. United States.pdf/4

2 Stokeling pleaded guilty in federal court to possessing a firearm and ammunition after having been convicted of a felony, in violation of 18 U. S. C. §922(g)(1). The probation office recommended that Stokeling be sentenced as an armed career criminal under ACCA, which provides that a person who violates §922(g) and who has three previous convictions for a “violent felony” shall be imprisoned for a minimum of 15 years. §924(e). ACCA defines “violent felony” as “any crime punishable by imprisonment for a term exceeding one year” that "“(i) has as an element the use, attempted use, or threatened use of physical force against the person of another; or

“(ii) is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” §924(e)(2)(B)."

As relevant here, Stokeling objected that his 1997 Florida robbery conviction was not a predicate offense under ACCA. This conviction, he argued, did not qualify under the first clause–the “elements clause”–because Florida robbery does not have “as an element the use, attempted use, or threatened use of physical force.”

Under Florida law, robbery is defined as “the taking of money or other property… from the person or custody of another,… when in the course of the taking there is the use of force, violence, assault, or putting in fear.” Fla. Stat. §812.13(1) (1995). The Florida Supreme Court has explained that the “use of force” necessary to commit robbery requires “resistance by the victim that is overcome by the physical force of the offender.” Robinson v. State,