Civil Rights
Block on Trump's Asylum Ban Upheld by Supreme Court
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: December 3, 2008
Decided and Filed: September 2, 2009
Judges
Opinion by Judge Moore
Partial Concurrence and Partial Dissent by Judge Friedman
Counsel
For Appellant:
Jonathan Witmer-Rich, Office of the Federal Public Defender, Cleveland, OH
For Appellee:
Gregory C. Sasse, Assistant United States Attorney, Cleveland, OH