9 F.3d 110 (6th Cir. 1993), 92-2474, U.S. v. O'Valle

Docket Nº:92-2474.
Citation:9 F.3d 110
Party Name:UNITED STATES of America, Plaintiff-Appellee, v. Joe O'VALLE, Defendant-Appellant.
Case Date:August 31, 1993
Court:United States Courts of Appeals, Court of Appeals for the Sixth Circuit
 
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Page 110

9 F.3d 110 (6th Cir. 1993)

UNITED STATES of America, Plaintiff-Appellee,

v.

Joe O'VALLE, Defendant-Appellant.

No. 92-2474.

United States Court of Appeals, Sixth Circuit

August 31, 1993

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA6 Rule 28 and FI CTA6 IOP 206 regarding use of unpublished opinions)

On Appeal from the United States District Court for the Eastern District of Michigan, No. 90-20092; Clelaud, D.J.

E.D.Mich.

AFFIRMED.

Before KENNEDY and RYAN, Circuit Judges, and KRUPANSKY, Senior Circuit Judge.

PER CURIAM.

Defendant Joe O'Valle appeals the sentence imposed upon his plea of guilty to a single charge of distribution of cocaine in violation of 21 U.S.C. § 841(a)(1). On appeal, defendant contends that the District Court erred in sentencing him as a career offender pursuant to United States Sentencing Guidelines ("U.S.S.G."), Section 4B1.1, because his prior state conviction for attempted felonious assault is a non-existent crime under Michigan law. For the reasons set forth below, we affirm.

I.

On January 10, 1991, defendant was charged with three counts of distributing cocaine in violation of 21 U.S.C. § 841(a)(1). Pursuant to a plea agreement, defendant agreed to plead guilty to count one of the indictment in exchange for the government's dismissal of the remaining two counts against him. The plea agreement also provided that any sentence imposed "shall not exceed the mid-point of the sentence range that the court finds to be acceptable." Thereafter, a presentence report was prepared which indicated that defendant's prior state convictions for felonious assault and attempted felonious assault subjected him to sentencing as a career offender under U.S.S.G. § 4B1.1. Defendant filed an objection to this report, contesting the validity of his prior conviction for attempted felonious assault. On November 19, 1992, the District Court conducted a sentencing hearing and determined that defendant was a career offender pursuant to U.S.S.G. § 4B1.1. The court then sentenced defendant to 189 months imprisonment and three years supervised release. 1 This timely appeal followed.

II.

Defendant challenges the District Court's classification of him as a career offender under U.S.S.G. § 4B1.1. Section 4B1.1 provides that a...

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