Summary
The Sixth Circuit affirmed Kenneth Evans’s 57-month sentence for being a felon in possession of a firearm and ammunition. The court held that aggravated robbery under Ohio Revised Code § 2911.01(A)(1), predicated on theft under § 2913.02, categorically qualifies as a crime of violence under the Sentencing Guidelines’ enumerated-offenses clause for extortion. The court also granted the government’s motion to take judicial notice.
Topics
Practice areas
Questions Presented
- Whether Evans's Ohio aggravated-robbery conviction, predicated on Ohio theft under Ohio Revised Code § 2913.02, categorically qualifies as a crime of violence under the enumerated-offenses clause of U.S.S.G. § 4B1.2(a)(2), specifically as Guidelines extortion.
- Whether the district court properly increased Evans's advisory Guidelines range based on that prior conviction.
- Whether the government should be permitted to take judicial notice of the relevant materials.
Holdings
- An Ohio aggravated-robbery conviction under § 2911.01(A)(1), when predicated on theft under § 2913.02, categorically matches Guidelines extortion and therefore qualifies as a crime of violence under U.S.S.G. § 4B1.2(a)(2).
- The district court correctly determined that Evans had a prior crime-of-violence conviction and properly applied the resulting increase in his advisory Guidelines range.
Key quotations
“Evans’s prior conviction for aggravated robbery by § 2913.02 theft, in violation of Ohio Revised Code § 2911.01(A)(1), categorically matches Guidelines extortion and thus constitutes a crime of violence.” (7)
“The district court therefore correctly found that Evans had a prior conviction for a crime of violence.” (7)
Factual background
Officers observed Evans participate in a hand-to-hand transaction in a vehicle, approached the vehicle after smelling marijuana, and discovered a loaded pistol. Evans admitted touching the pistol and disclosed that he was on parole. He had previously been convicted of multiple Ohio felonies, including aggravated robbery under Ohio Revised Code § 2911.01(A)(1), which increased his advisory Guidelines range for the federal felon-in-possession offense.
Procedural history
A federal grand jury indicted Evans for violating 18 U.S.C. § 922(g)(1). He pleaded guilty, and the district court increased his advisory Guidelines range from 24–30 months to 46–57 months based on his prior aggravated-robbery conviction before imposing a 57-month sentence. The Sixth Circuit reviewed de novo whether the prior conviction qualified as a crime of violence and affirmed.