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U.S. v. MOSLEY

No. 08-1783.

567 F.3d 241 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Kyle Dwayne MOSLEY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 5, 2009.

Attorney(s) appearing for the Case

ARGUED: Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. Christopher M. O'Connor, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee. ON BRIEF: Richard D. Stroba, Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. Christopher M. O'Connor, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.

Before: BOGGS, Chief Judge; MOORE and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

At stake in this appeal is whether Kyle Mosley's state-law conviction for resisting and obstructing a police officer, Mich. Comp. Laws § 750.81d(1), is a crime of violence under the sentencing guidelines. We hold that it is not.

I.

In 2008, Mosley pleaded guilty to being a felon in possession of a firearm. See 18 U.S.C. § 922(g)(1). The district court...

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