Appeal from the United States District Court
for the Northern District of Ohio at Youngstown.
No. 4:22-cr-00059-1—Donald C. Nugent, District Judge.
Argued: January 30, 2024
Decided and Filed: February 20, 2024
Before: SILER, MATHIS, and BLOOMEKATZ, Circuit Judges.
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OPINION
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MATHIS, Circuit Judge. Alexander Ivy pleaded guilty to possession of
methamphetamine with intent to distribute and being a felon in possession of a firearm.
At sentencing, the district court enhanced Ivy’s Sentencing Guidelines range upon finding that
Ivy’s prior conviction for aggravated robbery under Ohio law was a “crime of violence” under
the Guidelines. We hold that a conviction for aggravated robbery with a deadly weapon under
Ohio Revised Code § 2911.01(A)(1), without further information that the aggravated-robbery
conviction is predicated on a particular underlying theft offense, is not a crime of violence. We
thus vacate Ivy’s sentence and remand to the district court for resentencing. |