Friday, August 25, 2017
En banc 11th Circuit rules 6-5 that Florida felony battery is a violent felony under the Sentencing Guidelines
The en banc 11th Circuit ruled 6-5 that Florida felony battery is a violent felony under the Sentencing Guidelines. The majority opinion was written by Judge Julie Carnes, which is significant because many were wondering whether she would end up siding with the older, conservative faction of the Court (E. Carnes, Tjoflat, Hull, Marcus, W. Pryor) on this issue, or the newer, moderate members (Martin, Jordan, Rosenbaum, J. Pryor). The dissent was written by Judge Wilson and joined by those four Obama appointees.