UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
EDDIE L. JONES, DEFENDANT-APPELLANT

11th Cir. | 1990-09-05
No. 89-4065
Before FAY, JOHNSON and BIRCH, Circuit Judges.
910 F.2d 760 Court of Appeals for the Eleventh Circuit (1990) Negative Treatment
Cited by 26 cases
Opinion of the Court
PER CURIAM:

PER CURIAM:

The only issue presented on this appeal is whether a prior state court case wherein the defendant enters a nolo plea and adjudication is withheld can be used as a “conviction” to make the defendant eligible for career offender status under Section 4B1.1 of the Sentencing Guidelines. The appellant, Eddie L. Jones, argues that one of his prior state offenses could not be used as a predicate offense under United States Sentencing Guidelines Section 4B1.1 because adjudication was withheld, he was placed on probation in that case, and the district court therefore incorrectly sentenced him as a career offender. While this Court has not previously addressed the specific sentence guideline issue presented in this case, we have on several previous occasions addressed a similar issue in a non-guidelines context. This Court has previously held that a state case in which adjudication was withheld after a nolo plea qualified as a “conviction” for purposes of a federal prosecution under 18 U.S.C.A. § 922 et seq. for possession of a firearm by a convicted felon. See, e.g., United States v. Bruscantini, 761 F. 2d 640, 641 (11th Cir.1985); United States v. Garcia, 727 F. 2d 1028, 1029 (11th Cir.1984); see also United States v. Grinkiewicz, 873 F. 2d 253, 255 (11th Cir.1989) (adjudication withheld after guilty plea). The reasoning applied in these cases is applicable in this case.

Therefore, we hold that Jones’s prior offense was a conviction for the purposes of Section 4B1.1 and AFFIRM his sentence.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By (13 total)

  • United States v. Gonzalo De Jesus Tamayo, 80 F.3d 1514 (11th Cir. 1996)
    …ithheld, is a conviction supporting an enhanced sentence under the federal statutes and the Sentencing Guidelines. United States v. Mejias, 47 F. 3d 401, 404 (11th Cir.1995) (per curiam) (addressing 21 U.S.C. § 841(b)(1)(B)); United States v. Jones, 910 F. 2d 760, 761 (11th Cir.1990) (per curiam) (addressing U.S.S.G. § 4B1.1). Thus, the district court properly determined that Ta-mayo’s unadjudicated state nolo contendere plea was a diversionary disposition under Rockman. Tamayo’s alternative, invalidity arg…
  • United States v. Javado Barner, 572 F.3d 1239 (11th Cir. 2009)
    …f criminal history points, even if doing so undermined the purpose of the Georgia’s First Offender Act. U.S. Sentencing Guidelines Manual § 4A1.2 & n. 9 & n. 10 (2008). Indeed, we have so held in comparable circumstances. See United States v. Jones, 910 F. 2d 760, 761 (11th Cir.1990); see also Hagins v. United States, 267 F. 3d 1202, 1207-08 (11th Cir.2001). CONCLUSION We affirm the judgment of conviction and remand for resentencing. We have not discussed the substantive reasonableness of the sentence, beca…
  • United States v. Willis, 106 F.3d 966 (11th Cir. 1997)
    …of Florida’s Thompson opinion, the government asserts that the district court was correct in finding that Willis had been convicted of a felony within the meaning of section 922(g)(1). The government bases its contention on United States v. Jones, 910 F. 2d 760 (11th Cir.1990), and Maxwell v. State, 336 So. 2d 658 (Fla.2d Dist.Ct.App.1976). In Jones, the issue before this court was whether “a prior state court case wherein the defendant enters a nolo contendere plea and adjudication is withheld can be us…

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