The U.S. Court of Appeals for the Eleventh Circuit affirmed a nearly 19-year federal prison sentence for Avery Fuller, who was convicted on charges related to armed robbery conspiracy and firearms violations. The court issued its per curiam opinion on January 6, 2026, rejecting Fuller's appeal from the U.S. District Court for the Middle District of Florida.
Fuller, who operated under multiple aliases including Deavry Cordell Fuller, Ace, Fully, and Fully Ace, received a 228-month sentence after pleading guilty to conspiracy to commit Hobbs Act robbery and aiding and abetting the brandishing of a firearm during a crime of violence. The charges stemmed from separate criminal proceedings in federal court.
The case was handled by a three-judge panel consisting of Circuit Judges Rosenbaum, Grant, and Kidd. The appeals were processed on the court's non-argument calendar, indicating the court determined oral arguments were unnecessary for resolving the legal issues presented.
Two separate appeals were consolidated in the Eleventh Circuit's review. The first case, numbered 25-10639, originated from district court docket 3:24-cr-00222-HES-LLL-1, while the second case, numbered 25-10649, came from district court docket 3:23-cr-00017-HES-PDB-2. Both cases involved Fuller challenging aspects of his federal prosecution and sentencing.
The Hobbs Act, a federal statute that criminalizes robbery and extortion affecting interstate commerce, is frequently used by federal prosecutors to target organized criminal activity. When combined with firearms charges under federal law, defendants often face substantial prison sentences that reflect the serious nature of armed robbery conspiracies.
Fuller's use of multiple aliases suggests a pattern of criminal activity designed to evade law enforcement detection. Federal prosecutors commonly encounter defendants who operate under various names to complicate investigations and avoid previous criminal history during charging and sentencing phases.
The brandishing charge carries significant penalties under federal sentencing guidelines. Federal law requires mandatory minimum sentences for firearm crimes committed in connection with crimes of violence, which helps explain the lengthy 228-month sentence imposed by the district court.
The Eleventh Circuit's decision to handle both appeals on its non-argument calendar suggests the court viewed Fuller's challenges as lacking merit or raising only routine legal questions. Courts typically reserve oral argument for cases presenting novel legal issues or complex factual disputes requiring additional clarification from counsel.
Per curiam opinions, issued collectively by the court without identifying a specific author, are commonly used for straightforward appeals that affirm lower court decisions without establishing new legal precedent. The designation "NOT FOR PUBLICATION" indicates the opinion will not be published in official court reporters, though it remains available in electronic databases.
The Middle District of Florida, where Fuller's original prosecution occurred, handles significant federal criminal caseloads including drug trafficking, firearms violations, and organized crime prosecutions. The district covers a substantial portion of central Florida and frequently processes complex multi-defendant conspiracy cases.
Federal sentences for conspiracy charges often reflect the serious nature of planned criminal activity. Conspiracy prosecutions allow federal authorities to target criminal organizations by holding participants accountable for the collective actions of the group, even if individual defendants played varying roles in the overall scheme.
The firearms enhancement in Fuller's case likely added substantial time to his base sentence. Federal law requires consecutive sentences for certain firearms violations, meaning the brandishing charge would be added to any sentence imposed for the underlying robbery conspiracy.
Fuller's guilty plea likely influenced his sentencing outcome. Federal defendants who accept responsibility for their crimes through guilty pleas typically receive more favorable treatment during sentencing than those who proceed to trial and are convicted.
The Eleventh Circuit's affirmance means Fuller's conviction and 228-month sentence stand as imposed by the district court. Fuller could potentially seek Supreme Court review through a petition for writ of certiorari, though such petitions are rarely granted in routine criminal appeals.
This case reflects the federal justice system's emphasis on substantial sentences for armed robbery conspiracies, particularly when defendants use firearms during the commission of violent crimes. The combination of conspiracy charges and firearms enhancements often results in lengthy federal prison terms designed to deter similar criminal activity.
The appeals court's quick resolution of Fuller's challenges suggests his legal arguments lacked sufficient merit to warrant extended consideration. Federal appellate courts typically affirm district court sentences unless clear error or legal mistakes occurred during the original proceedings.
Fuller will serve his sentence in federal prison, where he must complete at least 85% of his term before becoming eligible for release. The lengthy sentence reflects federal law enforcement priorities targeting organized criminal activity involving firearms and violence.