USA v. Michael Hasan

Filing

Per Curiam OPINION filed: We AFFIRM the district court s determination that Hasan is an armed career criminal, decision not for publication. Eric L. Clay, Julia Smith Gibbons, and Jane Branstetter Stranch, Circuit Judges.

Case: 16-3824

Document: 25-2

Filed: 05/23/2017

Page: 1

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0289n.06
No. 16-3824
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

FILED
May 23, 2017
DEBORAH S. HUNT, Clerk

)
)
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Plaintiff-Appellee,
ON APPEAL FROM THE
)
UNITED STATES DISTRICT
v.
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COURT FOR THE
)
NORTHERN DISTRICT OF
)
MICHAEL HASAN,
OHIO
)
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Defendant-Appellant.
)
BEFORE: CLAY, GIBBONS, and STRANCH, Circuit Judges.
UNITED STATES OF AMERICA,

PER CURIAM.

The issue presented by this case is whether Michael Hasan’s

aggravated-robbery conviction pursuant to Ohio Rev. Code § 2911.01(A)(1) qualifies as a
violent felony under the Armed Career Criminal Act’s (“ACCA”) use-of-force clause. On April
3, 2017, we definitively answered that question. In United States v. Patterson, 853 F.3d 298
(6th Cir. 2017), a unanimous panel of this court held that a conviction under § 2911.01(A)(1) is
categorically a violent felony pursuant to the ACCA’s use-of-force clause because the Ohio
statute requires proof of the use, attempted use, or threated use of physical force against another
person. That resolves this matter. Accordingly, because his Ohio aggravated-robbery conviction
qualifies as an ACCA predicate offense, we affirm the district court’s determination that Hasan
is an armed career criminal.