United States Sixth Circuit

Defendant's crack cocaine distribution sentence is vacated and remanded where the district court needed to determine whether defendant qualified as a career offender in light of Begay v. U.S., 128 S. Ct. 1581 (2008), because: 1) a generic conviction for sexual battery under Ohio Rev. Code section 2907.03, defendant's prior offense of conviction, was not categorically a "crime of violence"; and 2) the factual recitation of the crime provided in the presentence report did not indicate that defendant's offense was a crime of violence.

Appellate Information

• Argued 06/16/2009
• Decided 09/02/2009
• Published 09/02/2009

Judges

• Before: MOORE, GIBBONS, and FRIEDMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jonathan Witmer-Rich, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Gregory C. Sasse, Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF:Jonathan Witmer-Rich, Office of the Federal Public Defender, Cleveland, Ohio, for Appellant. Gregory C. Sasse, Assistant United States Attorney, Cleveland, Ohio, for Appellee.