USAv.Friell Johnson
Friell Johnson received an 84-month federal sentence for possessing a firearm as a convicted felon. His guideline range counted a Florida attempted-manslaughter conviction as a crime of violence. The Eleventh Circuit held that the Florida offense does not always require proof of physical force, so that calculation was wrong and the correct range was lower. The sentencing judge’s statement that he would impose the same sentence regardless did not make the error harmless because it came before the parties’ sentencing arguments and Johnson’s opportunity to speak. The court upheld the decision to make the federal sentence consecutive to any later state sentence and rejected a Second Amendment challenge under binding precedent. It vacated the sentence and remanded for resentencing using the proper guideline calculation.
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