667 Fed.Appx. 543 (6th Cir. 2016), 15-3527, United States v. Perez

Docket Nº:16a0424n.06 15-3527
Citation:667 Fed.Appx. 543
Opinion Judge:PER CURIAM.
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MOISES PEREZ, Defendant-Appellant
Attorney:For UNITED STATES OF AMERICA, Plaintiff - Appellee: Brian Michael McDonough, Office of the U.S. Attorney, Cleveland, OH. For MOISES PEREZ, Defendant - Appellant: Brian R. McGraw, Law Offices, Cleveland, OH.
Judge Panel:BEFORE: GILMAN, WHITE, and STRANCH, Circuit Judges.
Case Date:July 28, 2016
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 543

667 Fed.Appx. 543 (6th Cir. 2016)

UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

MOISES PEREZ, Defendant-Appellant

16a0424n.06 No. 15-3527

United States Court of Appeals, Sixth Circuit

July 28, 2016

NOT RECOMMENDED FOR PUBLICATION

Editorial Note:

Sixth Circuit Rule 28(g) limits citation to specific situations. Please see Rule 28(g) before citing in a proceeding in a court in the Sixth Circuit. If cited, a copy must be served on other parties and the Court.

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO.

For UNITED STATES OF AMERICA, Plaintiff - Appellee: Brian Michael McDonough, Office of the U.S. Attorney, Cleveland, OH.

For MOISES PEREZ, Defendant - Appellant: Brian R. McGraw, Law Offices, Cleveland, OH.

BEFORE: GILMAN, WHITE, and STRANCH, Circuit Judges.

OPINION

PER CURIAM.

Moises Perez challenges his 210-month sentence imposed pursuant to the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), arguing that his Ohio conviction for attempted intimidation is not a proper ACCA predicate.

Perez pleaded guilty without a plea agreement to possession of firearms and ammunition by a felon, in violation of 18 U.S.C. § 922(g)(1). (RE 1, Page ID ## 1-2; 1/27/15 Minutes of Proceedings). The presentence report designated Perez as an armed career criminal pursuant to the ACCA, identifying the following prior convictions as predicate offenses: (1) a 1987 New York conviction for robbery, (2) a 2005-Ohio-conviction for attempted intimidation

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, (3) a 2005-Ohio-conviction for attempted felonious assault, and (4) 2011-Ohio-convictions for burglary and attempted felonious assault. (RE 22, Page ID ## 86, 90-91, 94). The presentence report calculated a guidelines range of 180 to 210 months of imprisonment based on a total offense level of 30, a criminal history category of VI, and the ACCA's 15-year mandatory minimum sentence. ( Id. Page ID # 99). Perez objected to the use of his convictions for robbery and attempted intimidation as predicate offenses under the ACCA, and the district court overruled Perez's objections.1 (RE 25, Page ID ## 119-21; RE 37...

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