United States v. Gloss, No. 10-5417 (6th Cir. 2011)
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Defendant pled guilty as a felon in possession of a firearm, 18 U.S.C. 922(g),and was sentenced to 180 months, the minimum under the Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(B), based on two Tennessee convictions for violent felonies and one Tennessee conviction for a serious drug offense. He conceded one serious drug offense and one violent felony (aggravated assault), but objected to the conclusion that his conviction for facilitation of aggravated robbery qualified as a violent felony. The Sixth Circuit affirmed. Under Tenn. Code 39-13-401, 402, conviction for facilitation of aggravated robbery requires proof that defendant knowingly provided substantial assistance to another whom he knew intended to steal property from a victim by using a real or disguised weapon or by causing serious bodily injury. Aggravated robbery involves the use, attempted use, or threatened use of physical force against the person of another and is a violent felony
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