United States v. Welch, No. 13-4386 (6th Cir. 2014)
Annotate this CaseWelch entered a plea agreement to charges of being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The government withdrew the plea agreement upon receipt of the presentence report, which recommended that Welch be sentenced as an armed career criminal under 18 U.S.C. 924(e) because he had three convictions for a “violent felony.” The district court found that Welch’s conviction in Ohio state court for attempted failure to comply with order or signal of police officer constituted a violent felony for purposes of the ACCA, and that Welch therefore had three convictions for a violent felony. The other two qualifying convictions were uncontested. Welch entered a plea of guilty but preserved his right to appeal his ACCA mandatory minimum of 180 months imprisonment. The Sixth Circuit affirmed. An attempt to commit third-degree felony failure to comply, as a categorical matter, presents a serious potential risk of physical injury that is comparable to that involved in arson and burglary.
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