Baxter v. United States

(1) Whether a conviction for robbery under Florida law qualifies as a "violent felony" within the Armed Career Criminal Act"s elements clause simply because it requires overcoming victim resistance, as the U.S. Court of Appeals for the 11th Circuit has held, or whether such a conviction fails to qualify as an ACCA "violent felony" because Florida caselaw confirms that overcoming victim resistance does not invariably requires the use of "violent force" as the U.S. Court of Appeals for the 9th Circuit has held; and (2) whether a conviction for any state robbery offense that includes "as an element" the common law requirement of overcoming "victim resistance" is categorically a "violent felony" within the ACCA"s elements clause if the offense has been specifically interpreted by state appellate courts to require only slight force to overcome resistance.