United States of America v. Michael Hasan

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0289n.06
No. 16-3824
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
MICHAEL HASAN,
Defendant-Appellant.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE
NORTHERN DISTRICT OF
OHIO
BEFORE: CLAY, GIBBONS, and STRANCH, Circuit Judges.
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.

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