United States v. Jermaine McBee ( 2019 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 19a0066n.06
No. 17-4017
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
Feb 11, 2019
UNITED STATES OF AMERICA, )
DEBORAH S. HUNT, Clerk
)
Plaintiff-Appellee, )
) ON APPEAL FROM THE UNITED
v. ) STATES DISTRICT COURT FOR
) THE NORTHERN DISTRICT OF
JERMAINE MCBEE, ) OHIO
)
Defendant-Appellant. )
BEFORE: GRIFFIN and DONALD, Circuit Judges; BERTELSMAN, District Judge.*
PER CURIAM. Jermaine McBee appeals his sentence for drug and firearm crimes, arguing
that his prior Ohio convictions for felonious assault and attempted felonious assault are not crimes
of violence. When the district court sentenced McBee, it was bound by United States v. Anderson,
695 F.3d 390 (6th Cir. 2012), which held that convictions under Ohio’s felonious-assault and
aggravated-assault statutes were crimes of violence. Id. at 402. We have since overruled
Anderson. United States v. Burris, 912 F.3d 386 (6th Cir. 2019) (en banc). We therefore VACATE
McBee’s sentence and REMAND for resentencing in light of our opinion in Burris.
*
The Honorable William O. Bertelsman, United States District Judge for the Eastern District of
Kentucky, sitting by designation.