United States of America v. Ricky Huntley

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 14a0484n.06
Case No. 14-5097
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
RICKY HUNTLEY,
Defendant-Appellant.
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ON APPEAL FROM THE UNITED
STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF
TENNESSEE
BEFORE: MOORE, SUTTON, and ALARCÓN, Circuit Judges.
SUTTON, Circuit Judge. Ricky Huntley pled guilty to being a felon in possession of a
firearm. The district court calculated his Sentencing Guidelines range based on his two previous
felony convictions for crimes of violence. Huntley appeals, arguing that one of those
convictions—under Tennessee’s robbery statute, Tenn. Code Ann. § 39-13-401—was not for a
crime of violence. But we have already held that very statute to be a crime of violence under the
Armed Career Criminal Act, United States v. Mitchell, 743 F.3d 1054 (6th Cir. 2014), and we
interpret the Sentencing Guidelines the same way, United States v. Ford, 560 F.3d 420, 421 (6th
Cir. 2009). Huntley concedes Mitchell’s controlling force and has appealed solely to preserve
 The Honorable Arthur L. Alarcón, Senior Circuit Judge of the United States Court of
Appeals for the Ninth Circuit, sitting by designation.

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Case No. 14-5097
United States v. Huntley
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the issue. See App’t Br. at 36. We therefore hold that Tennessee’s robbery statute is a crime of
violence under the Sentencing Guidelines too.
We affirm.

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