UNITED STATES v. GALES (2019)

United States Court of Appeals, Sixth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Stephen GALES, Defendant-Appellant.

No. 18-3811

Decided: March 12, 2019

BEFORE: KEITH, STRANCH, and DONALD, Circuit Judges.

Laura McMullen Ford, Assistant U.S. Attorney, Office of the U.S. Attorney, Cleveland, OH, for Plaintiff-Appellee Anthony J. Vegh, Law Office, Cleveland, OH, for Defendant-Appellant

In this case, the defendant argues that his conviction for assault on a peace officer is not a crime of violence for sentencing purposes. However, he acknowledges that in United States v. Evans, 699 F.3d 858, 863 (6th Cir. 2012), this Court held that a conviction for assault on a peace officer, in violation of Ohio Rev. Code. § 2903.13 (A)(1) and (C)(3) (the same code the defendant violated), is a crime of violence under United States Sentencing Guidelines § 2K2.1. Because a panel of this Court cannot overturn Evans, and there is no “intervening decision of the Supreme Court” that does so, we are not at liberty to find in the defendant’s favor, regardless of how persuasive his position may be. United States v. Havis, 907 F.3d 439, 442 (6th Cir. 2018). For that reason alone, we AFFIRM.

BERNICE BOUIE DONALD, Circuit Judge.

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