[DO NOT PUBLISH]

In the

United States Court of Appeals

For the Eleventh Circuit

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No. 22-11934

Non-Argument Calendar

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UNITED STATES OF AMERICA, 

Plaintiff-Appellee,

versus

ARTHUR LASHERYL MORGAN,

a.k.a. Tarrance Pace, 

Defendant-Appellant.

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Appeal from the United States District Court

for the Southern District of Florida

D.C. Docket No. 1:21-cr-20542-CMA-1

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2 Opinion of the Court 22-11934

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Before ROSENBAUM, JILL PRYOR, and BLACK, Circuit Judges.

PER CURIAM:

Arthur Morgan appeals his 42-month sentence for possession of ammunition as a convicted felon, asserting the district court 

improperly calculated his base offense level based on a determination that his prior Florida conviction for aggravated assault with a 

firearm was a crime of violence. The Government responds by 

moving for summary affirmance, contending this Court has held 

that Florida aggravated assault is a crime of violence. 

After review,1 we grant the Government’s motion for summary affirmance because it has met its burden of showing its position is clearly correct as a matter of law. See Groendyke Transp., Inc. 

v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969)2 (explaining summary 

disposition is appropriate 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”). We recently held that 

Florida aggravated assault cannot be committed recklessly and thus 

1 We review de novo whether a defendant’s prior conviction qualifies as a crime 

of violence under the Guidelines. United States v. Palomino Garcia, 606 F.3d 

1317, 1326 (11th Cir. 2010).

2 In Bonner v. City of Prichard, 661 F.2d 1206, 1209 (11th Cir. 1981) (en banc), this 

Court adopted as binding precedent all decisions of the former Fifth Circuit 

handed down prior to close of business on September 30, 1981.

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22-11934 Opinion of the Court 3

qualifies as a violent felony under the elements clause of the ACCA. 

Somersv. United States, 66 F.4th 890, 894-96 (11th Cir. 2023) (holding 

Florida aggravated assault categorically qualifies as a violent felony 

under the ACCA’s elements clause because aggravated assault requires a mens rea of at least knowledge and not recklessness). Because the elements clause in the ACCA’s definition of violent felony is virtually identical to the elements clause in the definition of 

a crime of violence in the Guidelines, we also rely on Somers for the 

proposition that Florida aggravated assault is a crime of violence 

under the elements clause in U.S.S.G. § 4B1.2(a). See United States

v. Ochoa, 941 F.3d 1074, 1107 (11th Cir. 2019) (stating because the 

elements clauses in the definitions of “crime of violence” in § 4B1.2 

and “violent felony” in the ACCA are “virtually identical,” we look 

to decisions applying the ACCA for guidance in considering 

whether an offense qualifies as a crime of violence under the 

Guidelines, and vice versa).

Accordingly, because the Government’s position is clearly 

correct as a matter of law, we GRANT the Government’s motion 

for summary affirmance. Groendyke Transp., Inc., 406 F.2d at 1162.

AFFIRMED.

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