Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
Nos. 1:14-cr-00312; 1:16-cv-02434—Patricia A. Gaughan, District Judge.
Argued: March 15, 2018
Decided and Filed: March 26, 2018
Before: MERRITT, SUTTON, Circuit Judges, and CLELAND, District Judge.
SUTTON, Circuit Judge. Moises Perez pleaded guilty to being a felon in possession of a
firearm. The court deemed Perez an armed career criminal and sentenced him to 210 months.
Our court affirmed the sentence. Perez filed this § 2255 motion, claiming his prior conviction
for New York second degree robbery should not have qualified as a predicate violent felony
under the Armed Career Criminal Act. The district court denied relief. Because the state
robbery offense requires the defendant to “use or threaten the immediate use of physical force
upon another person,” N.Y. Penal Law §§ 160.00, 160.10, and because that offense includes “as
an element the use, attempted use, or threatened use of physical force against the person of
another” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(i), we affirm.