740 Fed.Appx. 707 (11th Cir. 2018), 17-13817, Williams v. United States

Docket Nº:17-13817
Citation:740 Fed.Appx. 707
Opinion Judge:PER CURIAM:
Party Name:Carl Lee WILLIAMS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
Attorney:Deric Zacca, Deric Zacca, PA, Fort Lauderdale, FL, for Petitioner-Appellant Carol Herman, Jason Wu, Assistant U.S. Attorney, Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, U.S. Attorney Service - SFL, Miami, FL, Sivashree Sundaram, U.S. Attorney’s Office, Fort Lauderdal...
Judge Panel:Before ED CARNES, Chief Judge, PRYOR, and ANDERSON, Circuit Judges.
Case Date:October 26, 2018
Court:United States Courts of Appeals, Court of Appeals for the Eleventh Circuit
 
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Page 707

740 Fed.Appx. 707 (11th Cir. 2018)

Carl Lee WILLIAMS, Petitioner-Appellant,

v.

UNITED STATES of America, Respondent-Appellee.

No. 17-13817

United States Court of Appeals, Eleventh Circuit

October 26, 2018

Editorial Note:

DO NOT PUBLISH. (See Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 11th Cir. Rule 36-2.)

Appeal from the United States District Court for the Southern District of Florida, D.C. Docket Nos. 1:16-cv-22802-RLR, 1:14-cr-20465-RLR-2

Deric Zacca, Deric Zacca, PA, Fort Lauderdale, FL, for Petitioner-Appellant

Carol Herman, Jason Wu, Assistant U.S. Attorney, Emily M. Smachetti, U.S. Attorney Service - Southern District of Florida, U.S. Attorney Service - SFL, Miami, FL, Sivashree Sundaram, U.S. Attorney’s Office, Fort Lauderdale, FL, for Respondent-Appellee

Before ED CARNES, Chief Judge, PRYOR, and ANDERSON, Circuit Judges.

OPINION

PER CURIAM:

Carl Williams pleaded guilty to one count of carjacking resulting in serious bodily injury, in violation of 18 U.S.C. § 2119, and one count of carrying and brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A). The following year he filed a 28 U.S.C. § 2255 motion claiming that his § 924(c) conviction must be vacated because federal carjacking does not qualify as a crime of violence. The district court denied the motion and Williams now appeals. We review the district court’s legal conclusions de novo and its factual findings for clear error. Rhode v. United States, 583 F.3d 1289, 1290 (11th Cir. 2009).

To qualify as a crime of violence under § 924(c), federal carjacking must fall under that provision’s "use-of-force" clause or "risk-of-force" clause. The use-of-force clause covers a felony that "has as an element the use, attempted use, or threatened use of physical force." 18 U.S.C. § 924(c)(3)(A). And the risk-of-force clause covers a felony that, "by its nature, involves a substantial risk that physical force ... may be used in the course of committing the offense."

Id. § 924(c)(3)(B). Williams claims that federal carjacking does not fall under the...

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