MOISES PEREZ v. UNITED STATES OF AMERICA - Articles

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Posted by: Landry Butler on Mar 29, 2018

Court: 6th Circuit Court (Published Opinions)

Attorneys 1:

ARGUED: Claire C. Curtis, FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. Brian M. McDonough, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Attorneys 2:

ON BRIEF: Claire C. Curtis, FEDERAL PUBLIC DEFENDER, Cleveland, Ohio, for Appellant. Brian M. McDonough, UNITED STATES ATTORNEY’S OFFICE, Cleveland, Ohio, for Appellee.

Judge(s): MERRITT, SUTTON, Circuit Judges, and CLELAND, District Judge.

Court Appealed: Appeal from the United States District Court for the Northern District of Ohio at Cleveland.

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.