Case: 14-11300 Date Filed: 07/24/2015 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-11300
Non-Argument Calendar
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D.C. Docket No. 1:13-cr-00012-MW-GRJ-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
MARCUS CHATMAN,
Defendant - Appellant.
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Appeal from the United States District Court
for the Northern District of Florida
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(July 24, 2015)
Case: 14-11300 Date Filed: 07/24/2015 Page: 2 of 2
Before JORDAN, JILL PRYOR and BLACK, Circuit Judges.
PER CURIAM:
Marcus Chatman appeals his 180-month prison sentence, imposed after a
jury convicted him of possession of a firearm by a convicted felon, in violation of
18 U.S.C. §§ 922(g)(1) and 924(e). Chatman argues the district court erred by
sentencing him under the Armed Career Criminal Act (“ACCA”), 18
U.S.C. § 924(e) and U.S.S.G. § 4B1.4(a), based on his prior convictions for
possession with intent to sell cocaine, in violation of Florida Statutes § 893.13(1).
Chatman contends his prior § 893.13 convictions do not qualify as
ACCA-predicate “serious drug offense[s]” under § 924(e)(2)(A)(ii) because they
lack a mens rea requirement. 1 Chatman’s sole argument on appeal is foreclosed
by United States v. Smith, 775 F.3d 1262, 1264, 1267–68 (11th Cir. 2014), which
held convictions for possession with intent to sell a controlled substance, in
violation of § 893.13(1), qualify as “serious drug offense[s]” under
§ 924(e)(2)(A)(ii). We therefore affirm.
AFFIRMED.
1
We review de novo whether a prior conviction qualifies as an ACCA “serious drug
offense.” United States v. Robinson, 583 F.3d 1292, 1294 (11th Cir. 2009).
2