USCA11 Case: 20-12010 Date Filed: 08/17/2021 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 20-12010 Non-Argument Calendar ________________________ D.C. Docket No. 1:19-cr-20836-KMM-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus SHIRAHN JAMAL GILBERT, Defendant - Appellant. ________________________ Appeal from the United States District Court for the Southern District of Florida ________________________ (August 17, 2021) Before MARTIN, BRANCH, and EDMONDSON, Circuit Judges. USCA11 Case: 20-12010 Date Filed: 08/17/2021 Page: 2 of 6 PER CURIAM: Shirahn Gilbert appeals his 180-month sentence imposed after Gilbert pleaded guilty to possession of a firearm by a convicted felon, in violation of 18 U.S.C. § 922(g)(1). No reversible error has been shown; we affirm. Before Gilbert’s sentencing, a probation officer prepared a Presentence Investigation Report (“PSI”). The PSI determined that Gilbert had at least three prior convictions for serious drug offenses and was, thus, subject to an enhanced sentence under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). As predicate offenses for the ACCA-enhancement, the PSI identified five prior felony convictions for violation of Fla. Stat. § 893.13(1)(a)(1): a “controlled substance” crime. Based on Gilbert’s total offense level of 30 and criminal history category of VI, Gilbert’s advisory guideline range was calculated as 168 to 210 months’ imprisonment. Applying the ACCA’s minimum statutory sentence of 15 years, Gilbert’s guidelines range became 180 to 210 months. Gilbert objected to his designation as an armed career criminal, asserting that his convictions under Fla. Stat. § 893.13(1)(a)(1) did not qualify as “serious drug offenses” under the ACCA. Gilbert, however, acknowledged that his 2 USCA11 Case: 20-12010 Date Filed: 08/17/2021 Page: 3 of 6 arguments were contrary to this Court’s existing precedent. The sentencing court overruled Gilbert’s objections and imposed a sentence of 180 months. On appeal, Gilbert reasserts his arguments challenging his designation as an armed career criminal. We review de novo whether a prior conviction qualifies as a serious drug offense within the meaning of the ACCA. See United States v. Longoria, 874 F.3d 1278, 1281 (11th Cir. 2017). Under the ACCA, a defendant is subject to a 15-year mandatory minimum sentence if he (1) is convicted of unlawful possession of a firearm under 18 U.S.C. § 922(g) and (2) has at least 3 prior convictions for violent felonies or for “serious drug offense[s].” 18 U.S.C. § 924(e)(1). Pertinent to this appeal, a “serious drug offense” means “an offense under State law, involving manufacturing, distributing, or possessing with intent to manufacture or distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. § 802)), for which a maximum term of imprisonment of ten years or more is prescribed by law.” 18 U.S.C. § 924(e)(2)(A)(ii). Under Florida law, “a person may not sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.” Fla. Stat. § 893.13(1)(a). Gilbert first argues that none of his Florida drug convictions qualify as “serious drug offenses” because Fla. …
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