USA v. Luke Patterson

Filing

OPINION and JUDGMENT filed: District Court's denial of the motion to dismiss and its calculation of the base offense level are AFFIRMED, the ruling that Luke D. Patterson did not have three previous convictions for a violent felony is REVERSED, and his sentence is VACATED and REMANDED for resentencing, decision for publication. Eric L. Clay, Jeffrey S. Sutton (AUTHOR), and Richard Allen Griffin, Circuit Judges. [15-4112, 15-4113, 15-4183]--[Edited 04/04/2017 by DA]

Case: 15-4112

Document: 48-2

Filed: 04/03/2017

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
Nos. 15-4112/4113/4183

UNITED STATES OF AMERICA,
Plaintiff - Appellee/Cross - Appellant,

FILED
Apr 03, 2017
DEBORAH S. HUNT, Clerk

v.
LUKE D. PATTERSON,
Defendant - Appellant/Cross - Appellee.

Before: CLAY, SUTTON, and GRIFFIN, Circuit Judges.

JUDGMENT
On Appeal from the United States District Court
for the Northern District of Ohio at Akron.
THIS CAUSE was heard on the record from the district court and was submitted on the briefs of
the government’s counsel and the pro se litigant.
IN CONSIDERATION THEREOF, it is ORDERED that the district court’s denial of the motion
to dismiss and its calculation of the base offense level are AFFIRMED, the ruling that Luke D. Patterson
did not have three previous convictions for a violent felony is REVERSED, and his sentence is
VACATED and REMANDED for resentencing.

ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk