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U.S. v. DENSON

No. 12-3433.

728 F.3d 603 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Demario DENSON, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

August 29, 2013.

Attorney(s) appearing for the Case

ON BRIEF: Brian R. McGraw , Cleveland, OH, for Appellant. Duane J. Deskins , United States Attorney's Office, Cleveland, OH, for Appellee.

Before: MOORE, KETHLEDGE, and STRANCH, Circuit Judges.

OPINION

JANE B. STRANCH, Circuit Judge.

Demario Denson's sentencing appeal presents two issues. The first is whether a conviction for inciting to violence, see Ohio Rev.Code § 2917.01(A), is a crime of violence under the career-offender provisions of the sentencing guidelines. We hold that it is not, but that the facts of Denson's conviction necessarily establish that the species of incitement to which he pled guilty is a crime of violence. The...

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