Case Explained: UNITED STATES OF AMERICA v. THOMAS JAMES SHEELY, JR

Court: United States Court of Appeals for the Eleventh Circuit Filed: 2026-08-13 Docket: 9:21-cr-80113-DMM-1 The Eleventh Circuit affirmed Thomas James Sheely, Jr.’s sentence of 84 months’ imprisonment for possession of a firearm and ammunition by a convicted felon in violation of 18 U.S.C. § 922(g)(1). The court held that the district court properly enhanced Sheely’s base offense level under U.S.S.G. § 2K2.1(a)(3) based on his prior Florida felony battery conviction, finding it qualified as a “crime of violence” under the Sentencing Guidelines’ elements clause. The court applied the standard of review de novo for the interpretation and application of the Sentencing Guidelines. Relying on the binding precedent established in *United States v. Vail-Bailon*, 868 F.3d 1293 (11th Cir. 2017) (en banc), the panel concluded that Florida felony battery under Fla. Stat. § 784.041 requires an intentional use of physical force capable of causing pain or injury, thereby satisfying the elements clause definition. The court rejected Sheely’s argument that the Supreme Court’s decision in *Borden v. United States*, 593 U.S. 420 (2021), abrogated *Vail-Bailon*. The court reasoned that *Borden* was a plurality opinion establishing only that offenses requiring a mens rea of recklessness do not qualify as violent felonies under the elements clause, and it did not address or contradict the specific holding in *Vail-Bailon* regarding intentional conduct. Because *Borden* was not clearly on point and contrary to *Vail-Bailon*, nor did it “demolish” the fundamental props of that precedent, the panel remained bound by *Vail-Bailon*. As a result of this affirmation, Sheely’s sentence of 84 months’ imprisonment and three years of supervised release stands as imposed by the district court following remand. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.