USA v. Ricky Huntley

Filing

OPINION filed : We AFFIRM, decision not for publication. Karen Nelson Moore, Circuit Judge; Jeffrey S. Sutton, Authoring Circuit Judge and Arthur L. Alarcon, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation.

Case: 14-5097

Document: 21-2

Filed: 07/07/2014

Page: 1

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 14a0484n.06
Case No. 14-5097
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RICKY HUNTLEY,
Defendant-Appellant.

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Jul 07, 2014
DEBORAH S. HUNT, Clerk
ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF
TENNESSEE

BEFORE: MOORE, SUTTON, and ALARCÓN, Circuit Judges.

SUTTON, Circuit Judge. Ricky Huntley pled guilty to being a felon in possession of a
firearm. The district court calculated his Sentencing Guidelines range based on his two previous
felony convictions for crimes of violence.

Huntley appeals, arguing that one of those

convictions—under Tennessee’s robbery statute, Tenn. Code Ann. § 39-13-401—was not for a
crime of violence. But we have already held that very statute to be a crime of violence under the
Armed Career Criminal Act, United States v. Mitchell, 743 F.3d 1054 (6th Cir. 2014), and we
interpret the Sentencing Guidelines the same way, United States v. Ford, 560 F.3d 420, 421 (6th
Cir. 2009). Huntley concedes Mitchell’s controlling force and has appealed solely to preserve


The Honorable Arthur L. Alarcón, Senior Circuit Judge of the United States Court of
Appeals for the Ninth Circuit, sitting by designation.

Case: 14-5097

Document: 21-2

Filed: 07/07/2014

Page: 2

Case No. 14-5097
United States v. Huntley
the issue. See App’t Br. at 36. We therefore hold that Tennessee’s robbery statute is a crime of
violence under the Sentencing Guidelines too.
We affirm.

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