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U.S. v. MOSLEY

No. 09-2359.

635 F.3d 859 (2011)

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

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 29, 2011.

Attorney(s) appearing for the Case

ARGUED: Richard D. Stroba , Office of the Federal Public Defender, Grand Rapids, Michigan, for Appellant. R. Clay Stiffler , 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, MOORE and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

In 2004, the State of Michigan convicted Kyle Mosley of shooting pepper spray at a person without justification. Mich. Comp. Laws § 750.224d(2). At issue in this case is whether that conviction amounts to a "crime of violence" under § 2K2.1 (a) of the sentencing guidelines. We conclude that it does, and for this reason (and three others) we affirm.

I.

...

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