UNITED STATES v. MCBEE (2019)

United States Court of Appeals, Sixth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Jermaine MCBEE, Defendant-Appellant.

No. 17-4017

Decided: February 11, 2019

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

Kelly L. Galvin, Assistant U.S. Attorney, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff - Appellee Claire Roxanne Cahoon, Office of the Federal Public Defender, Toledo, OH, for Defendant - Appellant

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.

PER CURIAM.

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