United States v. Ladarius Melton , 478 F. App'x 321 ( 2012 )

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 12a0712n.06
FILED
No. 10-5382
Jul 03, 2012
UNITED STATES COURT OF APPEALS LEONARD GREEN, Clerk
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, ) ON APPEAL FROM THE UNITED
) STATES DISTRICT COURT FOR
v. ) THE WESTERN DISTRICT OF
) TENNESSEE
LADARIUS MELTON, )
)
Defendant-Appellant. )
Before: MARTIN, SUHRHEINRICH, and COLE, Circuit Judges.
PER CURIAM. Ladarius Melton appeals a district court judgment sentencing him to 160
months of imprisonment for one count of bank robbery.
Melton pleaded guilty to one count of bank robbery in violation of 18 U.S.C. § 2113(a). The
district court determined that Melton was a career offender under USSG § 4B1.1(a) based in part on
his prior conviction under Tennessee law for evading arrest. Melton’s evading arrest conviction was
charged as a Class E felony. The district court sentenced Melton as a career offender to 160 months
in prison. On appeal, Melton argues that the district court erred by concluding that his prior
conviction for evading arrest constituted a “crime of violence” under the United States Sentencing
Guidelines.
A district court’s determination that a prior conviction is a crime of violence under the
Guidelines is reviewed de novo. United States v. Ruvalcaba, 627 F.3d 218, 221 (6th Cir. 2010), cert.
denied, 131 S. Ct. 2133 (2011). In determining whether a conviction is a crime of violence under
the Guidelines, we analyze the conviction in the same way we analyze whether a conviction is a
No. 10-5382
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“violent felony” under the Armed Career Criminal Act, 18 U.S.C. § 924(e)(1). United States v.
Meeks, 664 F.3d 1067, 1070 n.1 (6th Cir. 2012). Melton’s argument that his prior conviction for
evading arrest is not a crime of violence under the Guidelines is foreclosed by our decision in United
States v. Doyle, No. 10-5075, 2012 WL 1560394 (6th Cir. May 4, 2012), which held that a
conviction under Tennessee law for Class E felony evading arrest is a violent felony under the
Armed Career Criminal Act.
The district court’s judgment is affirmed.