United States v. Mitchell, No. 13-5288 (6th Cir. 2014)
Annotate this CaseMitchell was convicted as a felon in possession of a firearm in violation of 18 U.S.C. 922(g)(1). A Presentence Investigation Report classified Mitchell as an “armed career criminal” under 18 U.S.C. 924(e) on account of having committed three violent felonies: a 1988 conviction for robbery under now-repealed Tenn. Code 39-2-501(a); (2) a 2003 conviction for robbery under Tenn. Code 39-13-401; and a 2003 conviction for intentionally evading arrest in an automobile. The Report assigned Mitchell a total offense level of 34 and a criminal history category of VI, which resulted in a Guidelines range of 262 to 327 months’ imprisonment. The district court sentenced Mitchell to 300 months’ imprisonment. The Sixth Circuit affirmed, rejecting an argument that the two robbery convictions did not qualify as crimes of violence for purposes of the Armed Career Criminal Act.
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