USCA11 Case: 21-10145 Date Filed: 06/21/2021 Page: 1 of 7 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 21-10145 Non-Argument Calendar ________________________ D.C. Docket No. 1:20-cr-20016-BB-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARIO DONELL FRAZIER, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (June 21, 2021) Before JILL PRYOR, LUCK, and LAGOA, Circuit Judges. PER CURIAM: USCA11 Case: 21-10145 Date Filed: 06/21/2021 Page: 2 of 7 Mario Frazier appeals his 180-month total sentence following his convictions for possession with intent to distribute a controlled substance and possession of a firearm by a convicted felon. The government moves for summary affirmance of the district court’s judgment and for a stay of the briefing schedule, arguing that the district court properly determined that Frazier’s prior drug and attempted robbery convictions qualified him for an enhanced sentence pursuant to the Armed Career Criminal Act (“ACCA”). Summary disposition is appropriate either where time is of the essence, such as “situations where important public policy issues are involved or those where rights delayed are rights denied,” or where “the position of one of the parties is clearly right as a matter of law so that there can be no substantial question as to the outcome of the case, or where, as is more frequently the case, the appeal is frivolous.” Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). We review de novo whether a conviction qualifies as a serious drug offense or violent felony under the ACCA. United States v. White, 837 F.3d 1225, 1228 (11th Cir. 2016); United States v. Seabrooks, 839 F.3d 1326, 1338 (11th Cir. 2016). Under the prior panel precedent rule, however, we are bound to follow a prior panel’s holding unless and until it is overruled or undermined to the point of abrogation by an opinion of the Supreme Court or of this Court sitting en banc. United States v. Archer, 531 F.3d 1347, 1352 (11th Cir. 2008). Further, we will 2 USCA11 Case: 21-10145 Date Filed: 06/21/2021 Page: 3 of 7 disregard a sentencing error as harmless if it does not affect the defendant’s guideline range or sentence. See United States v. Brown, 805 F.3d 1325, 1328 (11th Cir. 2015). Under the ACCA, a defendant convicted of being a felon in possession of a firearm under § 922(g) who has at least three prior convictions “for a violent felony or a serious drug offense, or both, committed on occasions different from one another,” is subject to an enhanced statutory penalty. 18 U.S.C. § 924(e)(1). The ACCA defines a “serious drug offense,” in part, as a state offense “involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance” with a statutory maximum penalty of at least ten years’ imprisonment. Id. § 924(e)(2)(A)(ii). In determining whether a conviction qualifies as a serious drug offense, we apply the categorical approach to indivisible statutes and the modified categorical approach …
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