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|
NOT RECOMMENDED FOR PUBLICATION
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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.
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
, (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, Page ID ## 218-22). The district court sentenced Perez to 210 months of imprisonment based on two factors: (1) his trafficking of firearms, rather than mere possession, and (2) his lengthy criminal history, which established a criminal-history category of VI even without...
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