751 Fed.Appx. 892 (6th Cir. 2019), 17-4017, United States v. McBee

Docket Nº:17-4017
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
 
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Page 892

751 Fed.Appx. 892 (6th Cir. 2019)

UNITED STATES of America, Plaintiff-Appellee,

v.

Jermaine MCBEE, Defendant-Appellant.

No. 17-4017

United States Court of Appeals, Sixth Circuit

February 11, 2019

UNPUBLISHED

Editorial Note:

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.[*]

OPINION

PER CURIAM.

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 Ohio’s felonious-assault and aggravated-assault statutes were crimes of violence. Id. at 402. We have since overruled

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Anderson . United States v. Burris, 912 F.3d 386 (6th Cir. 2019)...

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