United States v. Carter, No. 22-3699 (6th Cir. 2023)
Annotate this CaseAfter drunkenly beating his wife and threatening to shoot her with a handgun, Carter pled guilty to possessing a firearm as a felon, 18 U.S.C. 922(g)(1), 924(a)(2). Carter had a prior conviction for felony robbery under Ohio law. The district court held that Ohio robbery is a crime of violence and calculated an enhanced Guidelines range of 37–46 months’ imprisonment, U.S.S.G. 2K2.1(a)(4)(A); 4B1.2. Considering the harm Carter caused his wife, the district court suggested the sentence would be the same even without the enhancement. The Sixth Circuit affirmed Carter’s 38-month sentence. The elements of Ohio robbery are “the same as, or narrower than,” the Guidelines’ elements of extortion. The court rejected Carter’s argument that because the crime he was convicted of is called robbery it could only be compared to Guidelines robbery.
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