United States v. Burke

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Defendant pleaded guilty to being a felon in possession of a firearm and an armed career criminal and was sentenced in 2010. In 2011, a Florida court sentenced defendant for robbery and kidnappingn offenses. In 2016, the district court vacated defendant's federal sentence and conducted a full resentence. The district court added three criminal history points for defendant's 2011 Florida sentence because it was a "prior sentence" when the district court sentenced him. The Eleventh Circuit affirmed and held that when a court vacates a sentence, that sentence becomes void in its entirety, so the term "prior sentence" includes a state sentence imposed before resentencing. The court also held that circuit precedent foreclosed defendant's request to vacate his sentence on the ground that another of his prior convictions, for Florida armed robbery in 1999, was not a crime of violence. View "United States v. Burke" on Justia Law