United States v. Jermaine McBee

• Court: Court of Appeals for the Sixth Circuit
• Decided: February 11, 2019
• Docket: 17-4017
• Status: Unpublished

Opinion

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION File Name: 19a0066n.06

No. 17-4017

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT FILED Feb 11, 2019 UNITED STATES OF AMERICA, ) DEBORAH S. HUNT, Clerk ) Plaintiff-Appellee, ) ) ON APPEAL FROM THE UNITED v. ) STATES DISTRICT COURT FOR ) THE NORTHERN DISTRICT OF JERMAINE MCBEE, ) OHIO ) Defendant-Appellant. )

BEFORE: GRIFFIN and DONALD, Circuit Judges; BERTELSMAN, District Judge.*

PER CURIAM. Jermaine McBee appeals his sentence for drug and firearm crimes, arguing

that his prior Ohio convictions for felonious assault and attempted felonious assault are not crimes

of violence. When the district court sentenced McBee, it was bound by United States v. Anderson,

695 F.3d 390 (6th Cir. 2012), which held that convictions under Ohio’s felonious-assault and

aggravated-assault statutes were crimes of violence. Id. at 402. We have since overruled

Anderson. United States v. Burris, 912 F.3d 386 (6th Cir. 2019) (en banc). We therefore VACATE

McBee’s sentence and REMAND for resentencing in light of our opinion in Burris.

* The Honorable William O. Bertelsman, United States District Judge for the Eastern District of Kentucky, sitting by designation.