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U.S. v. COLEMAN

No. 10-3205.

655 F.3d 480 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Keahmbi COLEMAN, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 24, 2011.

Attorney(s) appearing for the Case

ARGUED: Jeffrey B. Lazarus , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Daniel R. Ranke , Assistant United States Attorney, Cleveland, Ohio, for Appellee. ON BRIEF: Amy B. Cleary , Federal Public Defender's Office, Cleveland, Ohio, for Appellant. Daniel R. Ranke , Assistant United States Attorney, Cleveland, Ohio, for Appellee.

Before: COLE and ROGERS, Circuit Judges; SARGUS, District Judge.

OPINION

ROGERS, Circuit Judge.

Keahmbi Coleman challenges his sentence enhancement under the Armed Career Criminal Act (ACCA) on the ground that a violation or attempted violation of Ohio's third-degree burglary statute, O.R.C. § 2911.12(A)(3), is not categorically a "violent felony." See 18 U.S.C. § 924(e)(2)(B). Because the burglary or attempted burglary of an "occupied structure" creates a risk of physical injury that is similar to the...

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