United States v. Perez, 072816 FED6, 15-3527

Docket Nº:15-3527
Opinion Judge:PER CURIAM.
Party Name:UNITED STATES OF AMERICA, Plaintiff-Appellee, v. MOISES PEREZ, Defendant-Appellant.
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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UNITED STATES OF AMERICA, Plaintiff-Appellee,

v.

MOISES PEREZ, Defendant-Appellant.

No. 15-3527

United States Court of Appeals, Sixth Circuit

July 28, 2016

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION

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

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

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, (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 the armed-career-criminal designation. (RE 30, Page ID # 183; RE 37, Page ID ## 237-39).

The ACCA requires a mandatory minimum sentence of 15 years for a defendant convicted of violating 18 U.S.C. § 922(g) who has three prior convictions for violent felonies or serious...

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