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United States v. Patterson

United States Court of Appeals, Sixth Circuit

April 3, 2017

United States of America, Plaintiff-Appellee/Cross-Appellant,
v.
Luke D. Patterson, Defendant-Appellant/Cross-Appellee.

          Appeal from the United States District Court for the Northern District of Ohio at Akron. No. 5:14-cr-00289-James S. Gwin, District Judge.

         COUNSEL

         ARGUED:

          Claire C. Curtis, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant in 15-4113/4183.

          Carmen E. Henderson, UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee in 15-4113/4183.

         ON BRIEF:

          Claire C. Curtis, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant in 15-4113/4183.

          Carmen E. Henderson, UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

          Luke D. Patterson, Glenville, West Virginia, pro se in 15-4112.

          Before: CLAY, SUTTON, and GRIFFIN, Circuit Judges.

          OPINION

          SUTTON, Circuit Judge.

          Local police caught Luke Patterson driving around Akron, Ohio, with a stolen pistol in the driver's door. That earned him convictions under Ohio law for receiving stolen property and driving under suspension. That was not all. Ohioans, like most Americans, also must answer to a separate sovereign: the federal government. In connection with the same incident, Patterson also pleaded guilty under federal law to being a felon in possession of a firearm. See 18 U.S.C. § 922(g). When it came time for sentencing, the district court counted several prior Ohio convictions for aggravated robbery with a deadly weapon as crimes of violence under the United States Sentencing Guidelines but not as violent felonies under the Armed Career Criminal Act. We affirm the district court's denial of the motion to dismiss, but reverse for resentencing because Patterson's prior convictions meet the requirements of the Sentencing Guidelines and the Armed Career Criminal Act.

         I.

         On July 30, 2014, officers from the Akron Police Department stopped Patterson for a traffic violation. They noticed an open container of alcohol and found a Smith & Wesson pistol in the driver's door of the car. Patterson told the officers that he had bought the gun on "the street" for a hundred dollars. When the police ran the serial number of ...


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