[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________ FILED
U.S. COURT OF APPEALS
No. 10-15864 ELEVENTH CIRCUIT
Non-Argument Calendar AUGUST 8, 2011
________________________ JOHN LEY
CLERK
D.C. Docket No. 1:10-cr-20559-JEM-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
YONEL JEAN BAPTISTE,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Southern District of Florida
________________________
(August 8, 2011)
Before HULL, PRYOR and KRAVITCH, Circuit Judges.
PER CURIAM:
Yonel Jean Baptiste appeals his sentence of 151 months of imprisonment
for two counts of bank robbery and one count of attempted bank robbery. 18
U.S.C. § 2113(a). Baptiste challenges his classification as a career offender based
on his prior conviction for resisting an officer with violence. We affirm.
The district court did not err by classifying Baptiste as a career offender.
Baptiste’s prior conviction qualifies as a “crime of violence” either as an offense
that “has as an element the use, attempted use, or threatened use of physical force
against the person of another,” United States Sentencing Guidelines Manual §
4B1.2(a)(1), or that “otherwise involves conduct that presents a serious potential
risk of physical injury to another,” id. § 4B1.2(a)(2). Under Florida law, a
defendant is guilty of resisting an officer with violence if he “knowingly and
willfully resists, obstructs, or opposes any officer . . . by offering or doing violence
to the person of such officer.” Fla. Stat. § 843.01. Based on its plain language,
Baptiste’s prior conviction constitutes a “‘felony that involves the use or threat of
physical force or violence against an individual,’” Harris v. State, 5 So. 3d 750,
751 (Fla. Dist. Ct. App. 2009) (quoting Walker v. State, 965 So.2d 1281, 1283
(Fla. Dist. Ct. App. 2007)), and involves the type of violent physical force sought
to be punished under section 4B1.2(a)(1), see Johnson v. United States, 559 U.S.
____, 130 S. Ct. 1265, 1271 (2010), and under the residual clause in section
4B1.2(a)(2), see United States v. Nix, 628 F.3d 1341, 1342 (11th Cir. 2010)
(holding that a conviction under section 843.01 constituted a “violent felony”
under the Armed Career Criminal Act, 18 U.S.C. § 924(e)).
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We AFFIRM Baptiste’s sentence.
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