Sixth Circuit - Categorical Approach

United States v. Richardson, 948 F.3d 733 (6th Cir. 2020). Aiding and abetting Hobbs Act robbery in violation of 18 U.S.C. § 1951 is a crime of violence under the force clause of 18 U.S.C. § 924(c).

United States v. Cavazos, 950 F.3d 329 (6th Cir. 2020). Texas possession of a controlled substance with intent to deliver is not a controlled substance offense under §4B1.2. The statute prohibits “offers to sell,” which constitute an attempt to commit a controlled substance offense. Inchoate offenses cannot qualify as predicate offenses because the guidelines commentary that includes them “impermissibly ‘add[s] to’ the Guidelines.”

United States v. Armes, 953 F.3d 875 (6th Cir. 2020). In determining the elements of a prior conviction, courts may consider the relevant part of an undisputed PSR that characterizes the contents of an underlying Shepard-approved state court record, such as an indictment or plea agreement.

United States v. Brown, 957 F.3d 679 (6th Cir. 2020). Tennessee aggravated burglary is a violent felony under § 924(e).

United States v. Smith, 960 F.3d 883 (6th Cir. 2020). Ohio preparing for shipment, shipping, transporting, deliver, preparing for distribution, or distribution of a controlled substance or a controlled substance analog, when the offender knows or has reasonable cause to believe that the controlled substance or controlled substance analog is intended for sale or resale to another person is a controlled substance offense under §4B1.2(b).

United States v. Garth, 965 F.3d 493 (6th Cir. 2020). Tennessee possession of marijuana with intent to deliver is a controlled substance offense under §4B1.2(b) because it criminalizes the same conduct as the federal offense of possession with intent to distribute a controlled substance.

United States v. Cordero, 973 F.3d 603 (6th Cir. 2020). Murder for hire, in violation of 18 U.S.C. § 1958, is not a crime of violence under §4B1.2.

United States v. Alston, 976 F.3d 727 (6th Cir. 2020). Ohio statute prohibiting selling or offering to sell a controlled dangerous substance is overbroad and indivisible and is not a controlled substance offense under 4B1.2.

United Stated v. Palos, 978 F.3d 373 (6th Cir. 2020). Ohio cocaine trafficking is not a controlled substance offense under §4B1.2. The statute criminalizes attempts to sell, and Sixth Circuit precedent dictates that “controlled substance offense” does not include attempts.

United States v. Wilson, 978 F.3d 990 (6th Cir. 2020). Ohio aggravated robbery is “twice divisible” and the modified categorical approach is required to determine whether the defendant was convicted of a section of the statute that is a violent felony under the ACCA.

United States v. Jackson, 984 F.3d 507 (6th Cir. 2021). Kentucky second-degree trafficking in a controlled substance is a controlled substance offense under §4B1.2.

United States v. Jackson, 984 F.3d 507 (6th Cir. 2021). Kentucky marijuana trafficking is a felony drug offense subjecting the defendant to a longer mandatory minimum penalty.

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