United States v. Doyle, No. 10-5075 (6th Cir. 2012)
Annotate this CaseDefendant pled guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g); possession of a firearm altered to have a barrel of less than 18 inches in length, 26 U.S.C. 5822, 5861(c), 5871; and possession of an unregistered firearm, 26 U.S.C. 5822, 5861(d), 5871 and was sentenced to concurrent terms of 180 and 120 months under the Armed Career Criminal Act, U.S.S.G. 4B1.4(a), based on his prior conviction for Class E felony evading arrest under Tennessee state law. The Sixth Circuit affirmed in 2010, but the Supreme Court remanded the case for further consideration in light of its 2011 decision, Sykes v. United States. The Sixth Circuit again held that Class E felony evading arrest under Tennessee law is a violent felony, reasoning that vehicular flight inherently presents a serious potential risk of physical injury to another.
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