United States v. Kyle Mosley, No. 09-2359 (6th Cir. 2011)
Annotate this CaseDefendant pleaded guilty to being a felon in possession of a firearm, 18 U.S.C. 922(g)(1). The court treated a prior conviction for resisting arrest as a crime of violence, which, with his criminal history, generated a 77-96 month guidelines range, and sentenced him to 96 months. The Sixth Circuit vacated, holding that resisting and obstructing a police officer under Michigan law is not categorically a crime of violence. At re-sentencing, the district court concluded that defendant's 2004 pepper-spray conviction amounted to a crime of violence and again sentenced him to 96 months. The Sixth Circuit affirmed, noting the definition of "crime of violence" as use, attempted use, or threatened use of physical force that involves conduct that presents a serious potential risk of physical injury to another and that Michigan law punishes use of pepper spray by up to two years in prison. Michigan law presents little chance of conviction under circumstances that would not involve serious risk of injury and the federal law does not require that the underlying state offense be classified as a felony. The court did not err in enhancing the sentence, based on two juvenile adjudications, and the sentence was reasonable.
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