UNITED STATES v. SIMPSON (2017)

ORDER

Christopher Simpson appeals his sentence for being a felon in possession of a firearm, challenging the designation of his prior Ohio conviction for conspiracy to commit robbery as a crime of violence for purposes of sentencing. The parties have waived oral argument, and this panel unanimously agrees that oral argument is not needed. See Fed. R. App. P. 34(a).

Simpson was charged with one count of being a felon in possession in violation of 18 U.S.C. § 922(g)(1), and he pleaded guilty to that offense. In calculating the applicable sentencing range, the district court increased Simpson’s base offense level to reflect his prior conviction for conspiracy to commit robbery under section 2911.02(A)(2) of the Ohio Revised Code, which it decided was a crime of violence, as defined by USSG § 4B1.2(a). The district court sentenced Simpson to sixty-six months of imprisonment to be followed by three years of supervised release.

We review de novo whether “a crime constitutes a crime of violence for sentencing purposes.” United States v. Rede-Mendez, 680 F.3d 552, 555 (6th Cir. 2012). An offense is a crime of violence if it involves violent force, or “force capable of causing physical pain or injury to another person.” See Johnson v. United States, 559 U.S. 133, 140, 130 S.Ct. 1265, 176 L.Ed.2d 1 (2010). As this court explained in United States v. Finley, section 2911.02(A)(2) concerns “physical harm” and is therefore a crime of violence because “a person knowingly causes physical harm to another ‘only by knowingly using force capable of causing physical pain or injury, i.e., violent physical force.’ ” No. 15-6222, 774 Fed.Appx. 267, –––– – ––––, 2017 WL 11368312, at *1 (6th Cir. Feb. 22, 2017) (order) (quoting United States v. Anderson, 695 F.3d 390, 400-01 (6th Cir. 2012)), cited with approval in United States v. Patterson, 853 F.3d 298, 303 (6th Cir. 2017). Simpson’s conviction for conspiring to commit a crime of violence properly falls within the ambit of USSG § 4B1.2(a). See USSG § 4B1.2, cmt. n.1 (“ ‘Crime of violence’ ․ include[s] the offenses of aiding and abetting, conspiring, and attempting to commit such offenses.”).

Accordingly, we AFFIRM the judgment of the district court.