[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
SEP 29, 2011
No. 10-12289 JOHN LEY
CLERK
Non-Argument Calendar
________________________
D. C. Docket Nos. 8:10-cv-00916-RAL-MAP
8:04-cr-00067-RAL-MAP-2
LEE CURTIS ROBINSON,
Petitioner-Appellant,
versus
UNITED STATES OF AMERICA,
Respondent-Appellee.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(September 29, 2011)
Before CARNES, WILSON and BLACK, Circuit Judges.
PER CURIAM:
Lee Curtis Robinson, a federal prisoner, appeals pro se the dismissal of his
pro se 28 U.S.C. § 2255 motion to vacate his sentence.
In his § 2255 motion, Robinson contended that it was error for the district
court to have considered him a career offender for sentencing purposes. To be
considered a career offender, a defendant must have had “at least two prior felony
convictions of either a crime of violence or a controlled substance offense.”
U.S.S.G. § 4B1.1(a). Robinson conceded that one of his prior convictions on
which the district court had previously relied qualified as a predicate felony offense
under § 4B1.1(a), but argued that his other four prior convictions no longer
qualified as “crime[s] of violence.” See U.S.S.G. § 4B1.2(a). One of the
convictions that Robinson challenged was a conviction for resisting arrest with
violence under Florida Statute 843.01.
We have recently held, however, that a prior conviction for resisting arrest
with violence under Florida Statute 843.01 is categorically a “violent felony” under
the Armed Career Criminal Act. United States v. Nix, 628 F.3d 1341, 1342 (11th
Cir. 2010). We have also held that because the definitions of “violent felony”
under ACCA and “crime of violence” under § 4B1.2(a) are virtually identical, we
consider cases interpreting one as authority in cases interpreting the other. United
States v. Alexander, 609 F.3d 1250, 1253 (11th Cir.2010). Robinson’s prior
conviction under Florida law for resisting arrest with violence is thus a “crime of
violence” under § 4B1.2(a)(2). Because Robinson still has at least two qualifying
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prior convictions under § 4B1.1(a), the district court did not err in denying his §
2255 motion.
AFFIRMED.
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