Opinion
No. 17-4017
02-11-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JERMAINE MCBEE, Defendant-Appellant.
NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 19a0066n.06 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO BEFORE: GRIFFIN and DONALD, Circuit Judges; BERTELSMAN, District Judge.
The Honorable William O. Bertelsman, United States District Judge for the Eastern District of Kentucky, sitting by designation. --------
PER CURIAM. Jermaine McBee appeals his sentence for drug and firearm crimes, arguing that his prior Ohio convictions for felonious assault and attempted felonious assault are not crimes of violence. When the district court sentenced McBee, it was bound by United States v. Anderson, 695 F.3d 390 (6th Cir. 2012), which held that convictions under Ohio's felonious-assault and aggravated-assault statutes were crimes of violence. Id. at 402. We have since overruled Anderson. United States v. Burris, 912 F.3d 386 (6th Cir. 2019) (en banc). We therefore VACATE McBee's sentence and REMAND for resentencing in light of our opinion in Burris.