Legal Opinion

United States v. Mosley

Court of Appeals for the Sixth Circuit

Decided March 29, 2011No. 09-2359PublishedCited by 15 opinions

1Opinion of the Court

OPINION

SUTTON, Circuit Judge.

In 2004, the State of Michigan convicted Kyle Mosley of shooting pepper spray at a person without justification. Mich. Comp. Laws § 750.224d(2). At issue in this case is whether that conviction amounts to a “crime of violence” under § 2K2.1 (a) of the sentencing guidelines. We conclude that it does, and for this reason (and three others) we affirm.

I

In 2008, Mosley pleaded guilty to being a felon in possession of a firearm. 18 U.S.C. § 922(g)(1). At sentencing, the district court treated Mosley’s prior conviction for resisting and obstructing arrest as a crime of…

2Cases cited31 opinions

  1. Hill v. United StatesSupreme Court of the United States · 1962
  2. Tracy v. FreshwaterCourt of Appeals for the Second Circuit · 2010
  3. Begay v. United StatesSupreme Court of the United States · 2008
  4. James v. United StatesSupreme Court of the United States · 2007
  5. Anthony C. Greene v. Jack Barber, Edward Hillyer, Victor Gillis, William Hegarty, and the City of Grand Rapids, MichiganCourt of Appeals for the Sixth Circuit · 2002

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3Cited by15 opinions

  1. United States v. Garcia-RoblesCourt of Appeals for the Sixth Circuit · 2011
  2. Jones v. United StatesDistrict of Columbia Court of Appeals · 2013
  3. Avitabile v. BeachDistrict Court, N.D. New York · 2019
  4. Weaver v. StateCourt of Appeals of Georgia · 2013
  5. Hughes v. JuddDistrict Court, M.D. Florida · 2015

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