United States v. Ozier, No. 14-6439 (6th Cir. 2015)
Annotate this CaseOzier pleaded guilty to bank robbery, 18 U.S.C. 2113(a). The district court sentenced him to 168 months’ imprisonment, finding that he was a “career offender” on account of having at least two prior felony convictions for “crimes of violence” under U.S.S.G. 4B1.1. The PSR identified eight convictions for aggravated burglary under Tenn. Code 39-14-403: three on April 27, 2006, and five on April 19, 2007, and concluded that these convictions constituted “burglar[ies] of a dwelling.” After a three-level reduction for acceptance of responsibility, the PSR calculated defendant’s total offense level at 29, and his criminal history at level VI, for an advisory Guideline range of 151–188 months. Without the “career offender” enhancement, his Guideline range would be 77–96 months. The Sixth Circuit affirmed the sentence. Other than the district court’s decision to consult the transcript of the plea colloquies, Ozier identified no specific error. The plea colloquies make clear that he admitted to and was convicted of burglarizing dwellings: “residences,” “homes,” “houses,” and an “apartment” so that his convictions categorically track the generic definition of “burglary of a dwelling.”
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