Case: 14-15100 Date Filed: 01/04/2018 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 14-15100
Non-Argument Calendar
________________________
D.C. Docket Nos. 6:12-cv-01746-GAP-KRS; 6:08-cr-00054-GAP-KRS-1
ANTHONY GRANT JACKSON,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
________________________
(January 4, 2018)
Before WILSON, WILLIAM PRYOR, and ANDERSON, Circuit Judges.
PER CURIAM:
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Anthony Grant Jackson appeals the denial of his 28 U.S.C. § 2255 motion to
vacate his sentence. On appeal, Jackson argues that he does not have three
qualifying Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), predicate
offenses.1
In a section 2255 proceeding, we review legal issues de novo and factual
findings for clear error. United States v. Walker, 198 F.3d 811, 813 (11th Cir.
1999) (per curiam). A district court’s determination that a conviction qualifies as a
violent felony under the ACCA is reviewed de novo. United States v. Gandy, 710
F.3d 1234, 1236 (11th Cir. 2013) (per curiam).
We have recently reaffirmed that Florida armed robbery qualifies as a
violent felony under the ACCA’s elements clause. See United States v. Fritts, 841
F.3d 937, 942 (11th Cir. 2016). We have also held that Florida resisting arrest with
violence is a violent felony under the ACCA’s elements clause. See United States
v. Hill, 799 F.3d 1318, 1322–23 (11th Cir. 2015) (per curiam). A “prior panel’s
holding is binding on all subsequent panels unless and until it is overruled or
undermined to the point of abrogation by the Supreme Court or by this court sitting
en banc.” United States v. Archer, 531 F.3d 1347, 1352 (11th Cir. 2008).
Here, the district court did not err by denying Jackson’s § 2255 motion.
Jackson has a prior conviction for Florida armed robbery and a prior conviction for
1
The United States has waived its defense of procedural default, so we do not discuss it here.
2
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Florida resisting arrest with violence, both of which qualify as violent felonies
under the ACCA’s elements clause based on our binding precedent. 2 To the extent
that Jackson asserts that those decisions were wrongly decided, we remain bound
by those holdings until they are overruled or undermined to the point of abrogation
by the Supreme Court or by this court sitting en banc. Thus, combined with his
“serious drug offense” predicate offense, Jackson has three ACCA qualifying
predicate offenses.
AFFIRMED.
2
Jackson also has a conviction for delivery of cocaine, and he does not challenge that it qualifies
as a serious drug offense.
3