Background
Friell Eugene Johnson pleaded guilty to possessing a firearm as a convicted felon under 18 U.S.C. § 922(g)(1). His presentence report treated a prior Florida attempted-manslaughter conviction as a crime of violence under U.S.S.G. § 2K2.1(a)(3), producing a total offense level of 25 and an advisory Guidelines range of 84 to 105 months.
The district court overruled Johnson’s objection to that classification and immediately stated that it would impose the same sentence regardless of the Guidelines ruling. After later hearing the parties’ sentencing arguments and Johnson’s allocution, the court imposed 84 months—consecutive to any sentence imposed in Johnson’s pending state case. On appeal, Johnson challenged the crime-of-violence determination, the consecutive-sentence ruling, and, for the first time, the facial constitutionality of § 922(g)(1).
The Court’s Holding
The Eleventh Circuit held that Florida attempted manslaughter was not a crime of violence under the Guidelines in effect at Johnson’s 2021 sentencing. The enumerated-offenses clause did not include inchoate crimes, and the commentary could not add them to the unambiguous guideline text. The offense also failed the elements clause because Florida attempted manslaughter—including attempted manslaughter by procurement—does not invariably require proof that the defendant used, attempted to use, or threatened physical force.
The error lowered the correct range to 70 to 87 months and was not harmless. Under the court’s 2026 decision in United States v. Morilla, the district court’s alternative-sentence statement was ineffective because it came before the parties’ sentencing presentations, consideration of the § 3553(a) factors, and Johnson’s allocution. The panel nevertheless held that the district court adequately justified making the federal sentence consecutive based on Johnson’s extensive criminal history. It also rejected Johnson’s facial Second Amendment challenge because binding circuit precedent continues to uphold § 922(g)(1). The court vacated the sentence and remanded for resentencing without the § 4B1.2(a) enhancement.
Key Takeaways
- Under the Guidelines applicable at Johnson’s 2021 sentencing, Florida attempted manslaughter was not an enumerated crime of violence, and the commentary could not expand the unambiguous guideline text to include attempt offenses.
- An alternative-sentence statement made before sentencing arguments, consideration of the § 3553(a) factors, and allocution cannot establish harmlessness under United States v. Keene.
- The district court acted within its discretion by ordering a consecutive sentence, and binding Eleventh Circuit precedent foreclosed Johnson’s facial challenge to the federal felon-in-possession statute.
Why It Matters
The decision confirms that, for pre-November 2023 Guidelines cases, courts may not rely on commentary to add unlisted inchoate offenses to § 4B1.2’s definition of a crime of violence. It also underscores that a district court seeking to preserve a sentence through an alternative ruling must wait until it has heard the parties, considered the statutory sentencing factors, and allowed the defendant to allocute.
Although Johnson obtained resentencing under a lower advisory range, the Eleventh Circuit left intact the district court’s authority to impose a consecutive sentence and reaffirmed that § 922(g)(1) remains facially constitutional under binding circuit precedent.