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United States of America v. Jazzmyn Litzy

Case Number: 
3:15-cr-00021

Memorandum Opinion and Order

At sentencing this Court addressed an objection by Defendant, Jazzmyn Litzy (“Ms. Litzy”) to the Probation Office’s recommendation that this Court apply the career offender enhancement of U.S. Sentencing Guidelines Manual (“U.S.S.G.” or the “Guidelines”) § 4B1.1 to Ms. Litzy’s sentence. The Court was tasked with deciding whether Ms. Litzy’s robbery conviction under Ohio law qualified as a “crime of violence” for purposes of the career offender enhancement. As explained below, the Court ruled that a prior robbery conviction under Ohio Revised Code (“O.R.C.”) § 2911.02(A)(3) cannot qualify under the U.S. Sentencing Guidelines career offender enhancement as a predicate conviction for a crime of violence. Therefore, the career offender enhancement may not be applied in Ms. Litzy’s sentencing.

Date: 
Thursday, October 8, 2015