Sentencing; Enhancement for two prior violent felonies under USSG § 4B1.2(a) (the elements clause); § 2K2.1(a)(2); United States v. Rede-Mendez; Johnson v. United States; Mathis v. United States; Descamps v. United States; Taylor v. United States; Whether Michigan’s felonious assault statute constitutes a “crime of violence”; MCL 750.82; People v. Jackson (MI); People v. Micsak (Unpub. MI App.); People v. Datema (MI); People v. Chandler (MI App.); People v. Davis (Unpub. MI App.); United States v. Mosley (Unpub. 6th Cir.); United States v. O’Valle; United States v. Ramon Silva (10th Cir.); United States v. Taylor (7th Cir.)

[This appeal was from the ED-MI.] The court affirmed the district court and held that Michigan’s felonious assault statute is a “crime of violence” under the sentencing guidelines. Defendant-Harris argued that his felon in possession of a firearm base offense level should not be enhanced two levels for prior felonies for crimes of violence under §§ 4B1.2(a) and 2K2.1(a)(2). The court reviewed the statute and relevant case law and concluded that “Michigan’s felonious assault statute obliges a jury to find at least attempted or threatened offensive touching and use of a dangerous weapon.” Together, these two elements constitute “violent force,” and a crime of violence. “When a felony must be committed with a deadly weapon and involves some degree or threat of physical force, it is a crime of violence under the elements clause.” Felonious assault under Michigan law “meets that threshold because there is no way to commit it without intentionally attempting or threatening physical force against another with a dangerous weapon.” Thus, Harris’s two Michigan convictions for felonious assault were “crimes of violence under the Guidelines" and the district court "properly calculated his offense level and Guidelines range.”