Appeal from the United States District Court for the Southern District of Ohio at Cincinnati.
No. 1:20-cr-00022-1—Michael R. Barrett, District Judge.
Argued: March 16, 2022
Decided and Filed: January 31, 2023
Before: MOORE, WHITE, and BUSH, Circuit Judges.
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OPINION
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HELENE N. WHITE, Circuit Judge. Defendant-Appellant Jamael White challenges his
designation as an armed career criminal, arguing that his Ohio aggravated robbery convictions do
not qualify as predicate offenses under the Armed Career Criminal Act (ACCA) because the
Ohio offense can be committed with a mens rea less than purposeful or knowing conduct.
He also argues that his juvenile adjudication for aggravated robbery cannot serve as an ACCA
predicate offense because the government failed to prove the subsection of the statute under
which he was adjudicated, and not all subsections delineate violent felonies. Additionally, White
challenges the constitutionality of using juvenile adjudications to enhance sentences under the
ACCA. Finally, White argues that, to the extent his objections were not adequately preserved,
his trial counsel provided constitutionally deficient counsel. For the reasons set forth below, we
VACATE White’s sentence and REMAND for resentencing consistent with this opinion. |