Appeal from the United States District Court for the Northern District of Ohio at Akron.
No. 5:22-cr-00496-1—John R. Adams, District Judge.
Decided and Filed: July 10, 2024
Before: GILMAN, STRANCH, and LARSEN, Circuit Judges.
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OPINION
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RONALD LEE GILMAN, Circuit Judge. Following an incident in which he fled from
police while holding a firearm, O’Bryan Mitchell pleaded guilty to one count of possession of a
firearm by a convicted felon. The district court sentenced him to 78 months of imprisonment,
concluding that Mitchell’s circumstances warranted an upward variance from his Sentencing
Guidelines range. It also ordered that Mitchell’s sentence would run consecutively to any term of
imprisonment arising out of any pending state-court conviction or parole violation. Mitchell
appeals his sentence, arguing that it is both procedurally and substantively unreasonable, and that
the district court erred by ordering that he serve his federal sentence consecutive to any pending
state sentence. For the reasons set forth below, we AFFIRM the judgment of the district court. |