United States v. Prater, No. 13-5039 (6th Cir. 2014)
Annotate this CasePrater was convicted as a felon in possession of ammunition, 18 U.S.C. 922(g)(1). Prater’s presentence report determined that U.S.S.G. 2K2.1 provided the base offense level; because Prater had at least two prior felony convictions for “crimes of violence,” his base offense level was 24 The report also determined that Prater qualified as an armed career criminal under 18 U.S.C. 924(e)(1), because he had at least three separated convictions for a “violent felony,” which subjected Prater to a mandatory minimum sentence of 15 years of imprisonment. It also raised Prater’s offense level to 33, under 4B1.4(b)(3)(B). The presentence report assigned Prater 20 criminal-history points, which corresponded to a criminal-history category of VI. An offense level of 33 and a criminal-history category of VI resulted in a guideline range of 235–293 months of imprisonment. The report identified four New York predicate convictions qualifying Prater as an armed career offender: a 1980 conviction for attempted third-degree burglary; a 1988 conviction for third-degree robbery; a separate 1988 conviction for third-degree burglary; and a 2000 conviction for attempted third-degree burglary. The Sixth Circuit vacated the sentence because the court did not apply the Supreme Court’s “modified categorical approach” to determine whether the version of the crimes for which Prater was convicted qualified as violent felonies.
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