[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 13

- 14091 Non

- Argument Calendar

________________________ D.C. Docket No. 7:01

- cr - 00011

- HL

- 2

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus DONALD RAY CEASAR, Defendant

- Appellant.

_____ ___________________ Appeal from the United States District Court for the Middle District of Georgia

________________________ (July 3, 2014) Before WILSON , JORDAN, and ANDERSON , Circuit Judges.
PER CURIAM:

Case: 13-14091 Date Filed: 07/03/2014 Page: 1 of 42 Donald Ray Ceasar appeals from the district court’s imposition of a 27

- month sentence following the revocation of his term of supervised release.
Mr. Ceasar argues that the district court erred in concluding that his underlying conviction for possession of a firearm during a crime of violence , see 18 U.S.C. § 924(c )(1)(A) (ii) , was a Class A felony for purposes of calculating his advisory revocation Guidelines range . Specifically, he argues that § 924(c)(1)(A)(ii) should be characterized as a Class B felony because the statute does not explicitly authorize a life se ntence. We review de novo the legality of a sentence imposed pursuant to the revocation of a term of supervised release. United States v. Pla , 3 45 F.3d 1312, 1313 (11th Cir. 2003). Following a review of the record and the parties’ briefs, we affirm.
A defendant’s advisory guideline range following a revocation of supervised release is generally determined based on the grade of the release violation and the defendant’s underlying criminal history category. See U.S.S.G. § 7B1.4(a). Where a defendant com mit s a Grade A release violation, as Mr. Ceasar did, he receives a higher guideline range if his underlying conviction was for a Class A felony. See i d

.

“ An offense that is not specifically classified by a letter grade in the section defining it, is classified [according to] the maximum term of imprisonment

Case: 13-14091 Date Filed: 07/03/2014 Page: 2 of 43 authorized .” 18 U.S.C. § 3559(a) . T he crime is considered a Class A felony where the maximum penalty is death or life imprisonment, and a Class B felony where the maximum term of imprisonment is 25 years or more. See § 3559(a)(1) & (2). Although Congress did not specify a maximum sentence that may be imposed for a violation of 18 U.S.C. § 924(c)(1)(A) (ii) , providing instead that the defendant shall “be sentenced to a term of imprisonment of not less than 7 years,” we have held that the statutory maximum sentence for all subsections of § 924(c)(1)(A) is life imprisonment. See United States v. Pounds , 230 F.3d 1317, 1319 (11th Cir. 2000). “Every other Court of Appeals to address this issue ha s reached the same conclusion.” United States v. McCollum , 548 F. App’x 65, 66

- 67 (3d Cir. 2013) (collecting cases). Accordingly, because the “maximum term of imprisonment authorized” under § 924(c)(1)(A) is life imprisonment, it is properly classified a s a “Class A felony” under 18 U.S.C. § 3559(a)(1). See also U nited States v. Cudjoe , 634 F.3d 1163, 1166 (10th Cir. 2011) (holding that an off ense under §924(c)(1)(A)(i) is “properly classified as a Class A felony” because “ the sentencing range for a violation of § 924(c)(1)(A)(i) extends to life imprisonmen t”); United States v. Miles , 947 F.2d 1234, 1235

- 36 (5th Cir. 1991) (holding that crimes subject to a minimum sentence of 15 y ears under 18 U.S.C. § 924(e)(1) are properly characterized as Class A f elonies under 18 U.S.C. § 3559)

. Case: 13-14091 Date Filed: 07/03/2014 Page: 3 of 44 Because the district court properly classified Mr. Ceasar’s underlying offense under § 924(c)(1)(A)(ii) as a Class A felony , it committed no error in calculating his advisory guideline range. AFFIRMED. Case: 13-14091 Date Filed: 07/03/2014 Page: 4 of 4