Perez v. United States, No. 17-3419 (6th Cir. 2018)
Annotate this CaseIn January 2015, Perez pleaded guilty to being a felon in possession of firearms and ammunition, 18 U.S.C. 922(g)(1). The Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(B)(i), imposes a mandatory minimum sentence for defendants convicted of violating section 922(g) who have three prior convictions for violent felonies or serious drug offenses. The presentence report identified: a 1987 New York conviction for second-degree robbery; a 2003 Ohio conviction for attempted intimidation; a 2003 Ohio conviction for attempted felonious assault; a 2011 Ohio conviction for burglary; and a 2011 Ohio conviction for attempted felonious assault. The Sixth Circuit affirmed his 210-month sentence and the rejection of his post-conviction claim for relief. While his convictions for Ohio attempted intimidation and Ohio burglary no longer qualify as ACCA predicates because they turned on the residual clause, which the Supreme Court invalidated on vagueness grounds in 2015, the New York robbery conviction remains a violent felony under ACCA’s elements clause. That conviction amounted to a crime of violence; it requires the defendant to “use[] or threaten[] the immediate use of physical force upon another person.”
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