USA v. Christopher Pinkston
Split Score
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Case Summary
Disposition
Affirmed
The Eleventh Circuit affirmed the district court’s decision to apply the career-offender enhancement to Christopher Pinkston’s sentence for two new federal bank robberies. The court held that federal bank robbery and Florida aggravated assault each qualify as crimes of violence under U.S.S.G. §4B1.2, rejecting Pinkston’s arguments based on Borden and recent Supreme Court precedent.
Circuit Split Identified
Legal Issue
Whether a conviction for Florida aggravated assault (or analogous state aggravated-assault statutes) qualifies as a "crime of violence" under the elements clause of U.S.S.G. §4B1.2 after Borden v. United States when the statute can be violated with a mens rea no higher than recklessness.
Circuit Positions
Florida aggravated assault categorically IS a crime of violence because the offense requires an intentional or knowing threat of force.
Florida aggravated assault (or similar aggravated-assault statutes) is NOT a crime of violence after Borden because the statute can be violated recklessly.
Conflict Summary
The Eleventh Circuit holds that Florida aggravated assault necessarily requires knowing or intentional conduct and therefore categorically qualifies as a crime of violence, whereas the Seventh, Fourth, Fifth, and Eighth Circuits conclude that the offense (or materially identical state aggravated-assault statutes) can be committed recklessly and thus does not satisfy the elements clause after Borden.