{"id":1656,"date":"2017-02-12T15:46:23","date_gmt":"2017-02-12T15:46:23","guid":{"rendered":"https:\/\/sentencing.net\/?p=1656"},"modified":"2019-11-11T10:45:48","modified_gmt":"2019-11-11T15:45:48","slug":"florida-false-imprisonment-not-crime-violence","status":"publish","type":"post","link":"https:\/\/sentencing.net\/sentencing\/florida-false-imprisonment-not-crime-violence","title":{"rendered":"Florida False Imprisonment Conviction Not Necessarily “Crime Of Violence”"},"content":{"rendered":"\r\n
Florida false imprisonment under Florida Statute 787.02 does not categorically satisfy the ACCA’s elements clause,\u201d the Eleventh Circuit recently held. United States v. Driver<\/em><\/a>, No. 14-11555 (11th Cir. 2017). False imprisonment under the statute means \u201cforcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his will.\u201d According to the court, \u201cthe statute’s \u2018secretly confining\u2019 language and the interpreting Florida case law make it clear that\u00a0787.02<\/a>\u00a0can be violated \u2018without employing the type of \u2018physical force\u2019 contemplated\u2019 by the elements clause.\u201d<\/p>\r\n The court declined to resolve whether the statute was divisible or indivisible because no Shephard<\/em> documents were filed in the case. Consequently, the court vacated Driver\u2019s sentence and remanded for re-sentencing.<\/p>\r\n","protected":false},"excerpt":{"rendered":" Florida false imprisonment under Florida Statute 787.02 does not categorically satisfy the ACCA’s elements clause,\u201d the Eleventh Circuit recently held. United States v. Driver, No. 14-11555 (11th Cir. 2017). False imprisonment under the statute means \u201cforcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his…<\/p>\n","protected":false},"author":1,"featured_media":1657,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[314],"tags":[],"yoast_head":"\n