UNITED STATES v. BENNETT (2019)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Troy BENNETT, Defendant-Appellant.

No. 18-10897

Decided: May 10, 2019

Before, TJOFLAT, JORDAN, and FAY, Circuit Judges.

Holly Lynn Gershow, Karin Bethany Hoppmann, Dawn A. Tiffin, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff-Appellee Robert Godfrey, Alisha Marie S. Nair, Rosemary Cakmis, Donna Lee Elm, Federal Public Defender's Office, Orlando, FL, for Defendant-Appellant Troy Bennett, Pro Se

Troy Bennett appeals his 300-month sentence, which the district court imposed pursuant to the Armed Career Criminal Act, 18 U.S.C. § 924(e). We affirm because both of Mr. Bennett’s arguments are foreclosed by Eleventh Circuit precedent. See United States v. Hill, 799 F.3d 1318, 1323 (11th Cir. 2015) (holding that a conviction for resisting an officer with violence pursuant to Fla. Stat. § 843.01 is a violent felony under the ACCA’s elements clause); United States v. Smith, 775 F.3d 1262, 1267-68 (11th Cir. 2014) (holding that a conviction for possession of cocaine with the intent to distribute pursuant to Fla. Stat. § 893.13 is a serious drug offense under the ACCA). We recognize Mr. Bennett’s arguments that cases like Hill and Smith were incorrectly decided, but we are nevertheless bound to follow them. See, e.g., Smith v. GTE Corp., 236 F.3d 1292, 1303 (11th Cir. 2001).

AFFIRMED.

PER CURIAM:

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