United States of America v. Stephen Gales

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 19a0114n.06
Case No. 18-3811
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
STEPHEN GALES,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF
OHIO AT AKRON
BEFORE: KEITH, STRANCH, and DONALD, Circuit Judges.
BERNICE BOUIE DONALD, Circuit Judge. In this case, the defendant argues that his
conviction for assault on a peace officer is not a crime of violence for sentencing purposes.
However, he acknowledges that in United States v. Evans, 699 F.3d 858, 863 (6th Cir. 2012), this
Court held that a conviction for assault on a peace officer, in violation of Ohio Rev. Code.
§ 2903.13 (A)(1) and (C)(3) (the same code the defendant violated), is a crime of violence under
United States Sentencing Guidelines § 2K2.1. Because a panel of this Court cannot overturn
Evans, and there is no “intervening decision of the Supreme Court” that does so, we are not at
liberty to find in the defendant’s favor, regardless of how persuasive his position may be. United
States v. Havis, 907 F.3d 439, 442 (6th Cir. 2018). For that reason alone, we AFFIRM.

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