United States v. Dorsey, No. 23-5082 (6th Cir. 2024)
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In Chattanooga, Tennessee, Al Dorsey celebrated New Year's Eve by firing a gun into the air. This action was recorded by nearby cameras, and the police were dispatched. Dorsey was detained and found in possession of a firearm. As he had prior felony convictions, he was charged with possession of a firearm as a felon. In determining his guidelines range, his base offense level was calculated as 24 due to having at least two prior convictions for a "crime of violence," specifically two prior Tennessee convictions for facilitating aggravated robbery and one for robbery. Dorsey appealed this, arguing his facilitation offenses were not "crimes of violence."
The United States Court of Appeals for the Sixth Circuit disagreed with Dorsey's argument. The court held that Dorsey's prior convictions for facilitating aggravated robbery were indeed "crimes of violence" under the U.S. Sentencing Guidelines. The court relied on its previous decision in United States v. Gloss, which interpreted the term "crime of violence" to cover the Tennessee crime of facilitating aggravated robbery. The court rejected Dorsey's argument that Gloss was in conflict with earlier or later decisions. The court concluded that facilitating aggravated robbery requires a knowing state of mind, not just a reckless one, and thus meets the definition of "crime of violence" under the sentencing guidelines. Therefore, the court affirmed the lower court's decision to treat Dorsey's facilitation offenses as "crimes of violence," leading to a higher base offense level for sentencing purposes.
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