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U.S. v. PAYNE

No. 97-1979.

163 F.3d 371 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Larry D. PAYNE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Donald Daniels, Asst.U.S.Atty., Office of the U.S. Atty. for the Western District of Mich., Grand Rapids, MI, for Plaintiff-Appellee.

Roman J. Kosiorek (argued and briefed), Law Office of Terry L. Selles, Grand Rapids, MI, for Defendant-Appellant.

Before: BATCHELDER and MOORE, Circuit Judges; CARR, District Judge.

OPINION

KAREN NELSON MOORE, Circuit Judge.

We must decide in this appeal whether the crime of larceny from the person under Michigan law is a crime of violence so as to qualify as a predicate offense for career offender status under the United States Sentencing Guidelines. For the reasons stated below, we hold that it is and therefore AFFIRM the judgment of the district court. Although the district judge improperly employed a case-by-case analysis...

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