[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 21-13249 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LARRY LYNN GARY,

Defendant-Appellant.

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Appeal from the United States District Court for the Middle District of Florida D.C. Docket No. 2:20-cr-00124-JLB-MRM-1 ____________________ USCA11 Case: 21-13249 Document: 58-1 Date Filed: 07/21/2023 Page: 2 of 9

2 Opinion of the Court 21-13249

Before WILSON, LUCK, and HULL, Circuit Judges. PER CURIAM: Larry Lynn Gary appeals his 180-month sentence for being a felon in possession of a firearm and ammunition, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). On appeal, Gary argues that his sentence was erroneously enhanced because his prior conviction for aggravated assault under Florida law does not qualify as a violent felony under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). After careful review of the record, we affirm Gary’s 180-month sentence. I. BACKGROUND A. Offense Conduct On August 6, 2020, law enforcement officers conducted a traffic stop on a Buick sedan because a search of the motor vehicle database records revealed that the Buick’s license plate was expired. Defendant Gary was the front passenger in that Buick sedan. Officers asked the driver and Gary to exit the vehicle so that a canine officer could perform a free air sniff of the vehicle. Gary removed a small, single-strap, blue satchel from around his neck and chest and placed the satchel on the rear floorboard behind the center console. Gary then exited the vehicle and fled the area on foot, initiating a foot pursuit. While fleeing, Gary dropped a cellphone USCA11 Case: 21-13249 Document: 58-1 Date Filed: 07/21/2023 Page: 3 of 9

21-13249 Opinion of the Court 3

and a cigarette pack. A canine officer assisted in the chase and located Gary, who was hiding in bushes. Officers searched the area and seized the cigarette pack which contained a small blue plastic baggie containing 0.5 grams of MDMA. During a search of Gary’s satchel, officers seized (1) a firearm loaded with ammunition, (2) a clear plastic baggie containing 6.4 grams of fentanyl, (3) a red baggie containing 1.1 grams of MDMA, and (4) a small digital scale. B. Indictment and Guilty Plea In October 2020, a federal grand jury indicted Gary for unlawful possession of a firearm and ammunition by a convicted felon, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). In May 2021, Gary pleaded guilty. C. Presentence Investigation Report (“PSR”) Gary’s PSR assigned him a base offense level of 24 pursuant to U.S.S.G. § 2K2.1(a)(2). The PSR added four levels under U.S.S.G. § 2K2.1(b)(6)(B) for Gary’s possession of “a firearm and ammunition while facilitating, or potentially facilitating, further felonies of Trafficking Fentanyl (4 grams or more) and Possession of MDMA/Controlled Substance.” Gary’s adjusted offense level was 28. The PSR increased Ga