Published on: Tuesday, August 29, 2017

The Ninth Circuit held that neither robbery, armed robbery, nor use of a firearm in the commission of a felony under Florida law is categorically a violent felony under the force clause of the armed career criminal act, 18 U.S.C. § 924(e)(2)(B)(i).  United States v. Geozos, No. 17-35018 (9th Cir. Aug. 29, 2017). The Ninth Circuit's holding conflicts with the Eleventh Circuit, which has held that both Florida robbery and necessarily armed robbery are violent felonies under the force clause. See United States v. Lockley, 632 F.3d 1238, 1245 (11th Cir. 2011); United States v. Fritts, 841 F.3d 937, 942 (11th Cir. 2016).

For a link to the opinion, click here. From that page, search for Case No. 17-35018.