United States Sixth Circuit

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US v. Ruvalcaba, 09-3782

In a conviction of defendant for conspiracy to possess with intent to distribute cocaine, district court's reliance on a prior state conviction to apply the career offender enhancement in calculating defendant's advisory Guidelines sentencing range, is affirmed where: 1) because Ohio has not declared defendant's prior convictions void, the district court did not err by considering them; 2) defendant was properly sentenced as a career offender, because a violation of Ohio's unlawful discharge of a firearm statute is analogous to the enumerated crimes and is a crime of violence under the Guidelines; and 3) the district court did not abuse its discretion by refusing to depart downward below the Guidelines advisory range and defendant has not overcome the presumption that his sentence at the lower bound of his Guidelines range is reasonable.

Appellate Information

  • Argued 12/10/2010
  • Decided 12/22/2010
  • Published 12/22/2010

Judges

Court

  • United States Sixth Circuit

Counsel