751 Fed.Appx. 892 (6th Cir. 2019), 17-4017, United States v. McBee
|Citation:||751 Fed.Appx. 892|
|Opinion Judge:||PER CURIAM.|
|Party Name:||UNITED STATES of America, Plaintiff-Appellee, v. Jermaine MCBEE, Defendant-Appellant.|
|Attorney:||Kelly L. Galvin, Assistant U.S. Attorney, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff - Appellee Claire Roxanne Cahoon, Office of the Federal Public Defender, Toledo, OH, for Defendant - Appellant|
|Judge Panel:||BEFORE: GRIFFIN and DONALD, Circuit Judges; BERTELSMAN, District Judge.|
|Case Date:||February 11, 2019|
|Court:||United States Courts of Appeals, Court of Appeals for the Sixth Circuit|
Please Refer Federal Rule of Appellate Procedure Rule 32.1. See also U.S.Ct. of App. 6th Cir. Rule 32.1.
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO
Kelly L. Galvin, Assistant U.S. Attorney, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff - Appellee
Claire Roxanne Cahoon, Office of the Federal Public Defender, Toledo, OH, for Defendant - Appellant
BEFORE: GRIFFIN and DONALD, Circuit Judges; BERTELSMAN, District Judge.[*]
Jermaine McBee appeals his sentence for drug and firearm crimes, arguing that his prior Ohio convictions for felonious assault and attempted felonious assault are not crimes of violence. When the district court sentenced McBee, it was bound by United States v. Anderson, 695 F.3d 390 (6th Cir. 2012), which held that convictions under Ohios felonious-assault and aggravated-assault statutes were crimes of violence. Id. at 402. We have since overruled
Anderson . United States v. Burris, 912 F.3d 386 (6th Cir. 2019)...
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