Fred Somers, Armed Career Criminal, Florida 2013

TALLAHASSEE, FLORIDA – In a major victory for law enforcement, the U.S. Court of Appeals for the Eleventh Circuit has upheld the 211-month sentence of Fred Somers, a 46-year-old convicted felon from Florida.

Somers, who has a 20-year history of violent and drug-related offenses, pleaded guilty to possession of a firearm by a convicted felon and possession of an unregistered firearm in January 2013. The harsher sentence was imposed under the Armed Career Criminal Act (ACCA), which mandates longer prison terms for repeat offenders with a history of violent or serious drug offenses.

According to officials, Somers’ criminal history includes convictions for burglary of a structure, conspiracy to distribute heroin, false imprisonment and battery, aggravated assault with a deadly weapon, and resisting an officer with violence. The government argued that these prior convictions made him a prime candidate for the ACCA sentence.

However, Somers challenged the sentence, arguing that his aggravated assault conviction did not meet the ACCA’s definition of a ‘violent felony.’ His argument was initially rejected by the district court, but he appealed, citing a 2021 U.S. Supreme Court decision that narrowed the definition of ‘violent felony.’

The case was sent to the Florida Supreme Court for clarification on whether the state’s assault statute covers reckless threats. After a thorough review, the Florida Supreme Court rejected Somers’ argument, ruling that Florida’s assault definition prohibits an intentional expression of an intent to use physical force to harm another’s person.

With this clarification, the Eleventh Circuit upheld the district court’s denial of Somers’ motion, affirming that Florida convictions for aggravated assault qualify as violent felonies under ACCA. Assistant U.S. Attorney Jordane Learn represented the government in this case.

The U.S. Attorney’s Office for the Northern District of Florida is committed to keeping the community safe by holding accountable those who engage in violent and serious crime. This case serves as a reminder that repeat offenders will face harsher penalties and will be held accountable for their actions.

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