485 F. App'x 766
6th Cir.2012Background
- Defendant Antonio Wynn challenged his career-offender status under U.S.S.G. § 4B1.1 based on a prior sexual battery conviction under Ohio Rev. Code § 2907.03.
- On initial appeal, panel held sexual battery was not categorically a crime of violence; remanded for resentencing to reassess career-offender status under Begay v. United States.
- On remand, government submitted Taylor/Shepard documents demonstrating coercive sexual battery under § 2907.03(A)(1) was the basis for the claim of violence.
- Wynn was resentenced to 235 months with eight years of supervised release; the district court retained the career-offender enhancement.
- Wynn argued on appeal that the government failed to prove a crime-of-violence predicate and that the PSR objections were not properly addressed under Rule 32(i)(3)(B).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Waiver of career-offender challenge | Wynn did not knowingly waive the issue on appeal. | Wynn effectively waived by not raising it and by accepting career-offender status. | Wynn waived the challenge. |
| Whether Begay applies to both convictions as predicates | Sexual battery and assault on a peace officer are not categorically crime-of-violence. | Government evidence shows coercive sexual battery qualifies as a crime of violence. | Begay governs; both predicates are not categorically crimes of violence. |
| Assessment of the PSR objections under Rule 32 | District court failed to rule on objections and apply Rule 32(i)(3)(B). | Court addressed the objections; no Rule 32 error. | No Rule 32(i)(3)(B) error; objections resolved. |
| Whether the district court properly applied the career-offender enhancement | Career-offender status should be reconsidered in light of Begay and evidence on the PSR. | Evidence supports the enhancement; Wynn effectively conceded classification. | Court affirmed the career-offender enhancement. |
Key Cases Cited
- Begay v. United States, 553 U.S. 137 (U.S. 2008) (generic crime-of-violence standard governs career-offender predicates)
- United States v. Olano, 507 U.S. 725 (U.S. 1993) (waiver is intentional relinquishment of a known right)
- United States v. Denkins, 367 F.3d 537 (6th Cir. 2004) (waiver/forfeiture under appellate review )
- United States v. Goodman, 519 F.3d 310 (6th Cir. 2008) (waiver by agreement with judge's proposed conduct)
- United States v. McKinley, 227 F.3d 716 (6th Cir. 2000) (waiver principles in appellate review)
- United States v. Sedore, 512 F.3d 819 (6th Cir. 2008) (review of waiver in multiple appeals)