United States v. Thomas Garrison

Case: 11-10105 Document: 00511573514 Page: 1 Date Filed: 08/16/2011

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit

FILED
August 16, 2011
No. 11-10105
Conference Calendar Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

THOMAS JONATHAN GARRISON,

Defendant-Appellant

Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:10-CR-43-1

Before HIGGINBOTHAM, CLEMENT, and ELROD, Circuit Judges.
PER CURIAM:*
Appealing the judgment in a criminal case, Thomas Jonathan Garrison
presents arguments that he concedes are foreclosed by United States v.
Harrimon, 568 F.3d 531 (5th Cir. 2009), which held that the Texas state offense
of evading arrest or detention by use of a vehicle is a violent felony under the
Armed Career Criminal Act (ACCA). Recently, the Supreme Court validated our
decision in Harrimon by holding that a conviction under Indiana’s felony vehicle

*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
 Case: 11-10105 Document: 00511573514 Page: 2 Date Filed: 08/16/2011

No. 11-10105

flight law constituted a violent felony under the ACCA. See Sykes v. United
States, 131 S. Ct. 2267, 2277 (2011).
Accordingly, the Government’s motion for summary affirmance is
GRANTED, its alternative motion for an extension of time to file a brief is
DENIED as unnecessary, and the judgment of the district court is AFFIRMED.

2