United States v. Johnson, No. 18-3002 (6th Cir. 2019)
Annotate this CaseJohnson pleaded guilty to being a felon in possession of a firearm. The district court sentenced him as an armed career criminal under the Armed Career Criminal Act (ACCA), 18 U.S.C. 924(e). The Sixth Circuit agreed that Johnson did not have at least three prior convictions for crimes of violence under ACCA. When the district court later resentenced Johnson, it increased his base offense level after finding that Johnson had at least two convictions for crimes of violence under the Sentencing Guidelines. The Sixth Circuit affirmed his 71-month sentence, agreeing that his prior convictions—one for robbery under Ohio Revised Code (ORC) 2911.02(A)(2) and one for complicity to commit aggravated robbery under ORC 2923.03(A)(2) and 2911.01(A)(1)—were crimes of violence under the Guidelines, U.S.S.G. 2K2.1(a)(2).
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