Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:14-cr-00289—James S. Gwin, District Judge.
Decided and Filed: April 3, 2017
Before: CLAY, SUTTON, and GRIFFIN, Circuit Judges.
SUTTON, Circuit Judge. Local police caught Luke Patterson driving around Akron,
Ohio, with a stolen pistol in the driver’s door. That earned him convictions under Ohio law for
receiving stolen property and driving under suspension. That was not all. Ohioans, like most
Americans, also must answer to a separate sovereign: the federal government. In connection
with the same incident, Patterson also pleaded guilty under federal law to being a felon in
possession of a firearm. See 18 U.S.C. § 922(g). When it came time for sentencing, the district
court counted several prior Ohio convictions for aggravated robbery with a deadly weapon as
crimes of violence under the United States Sentencing Guidelines but not as violent felonies
under the Armed Career Criminal Act. We affirm the district court’s denial of the motion to
dismiss, but reverse for resentencing because Patterson’s prior convictions meet the requirements
of the Sentencing Guidelines and the Armed Career Criminal Act.