Legal Opinion

United States v. Mosley

Court of Appeals for the Sixth Circuit

Decided July 23, 2009No. 08-1783PublishedCited by 32 opinions

1Opinion of the Court

AMENDED OPINION

SUTTON, Circuit Judge.

At stake in this appeal is whether Kyle Mosley’s state-law conviction for resisting and obstructing a police officer, Mich. Comp. Laws § 750.81d(l), is a crime of violence under the sentencing guidelines. We hold that it is not.

I

In 2008, Mosley pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). The district court calculated a guidelines range of 77 to 96 months, and it sentenced Mosley to 96 months. See U.S.S.G. Ch. 5 Pt. A.

One feature of the calculation bears on this appeal. The district court increased Mosley’s…

2Cases cited9 opinions

  1. Taylor v. United StatesSupreme Court of the United States · 1990
  2. Shepard v. United StatesSupreme Court of the United States · 2005
  3. Begay v. United StatesSupreme Court of the United States · 2008
  4. James v. United StatesSupreme Court of the United States · 2007
  5. Chambers v. United StatesSupreme Court of the United States · 2009

4 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. United States v. GibbsCourt of Appeals for the Sixth Circuit · 2010
  2. United States v. WynnCourt of Appeals for the Sixth Circuit · 2009
  3. United States v. McFallsCourt of Appeals for the Sixth Circuit · 2010
  4. United States v. Regis AdkinsCourt of Appeals for the Sixth Circuit · 2013
  5. Marc Barrera v. City of Mount Pleasant, Mich.Court of Appeals for the Sixth Circuit · 2021

27 more not listed; retrieve them via the Exa API.

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