NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0487n.06
Case No. 15-5553
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
Aug 22, 2017
UNITED STATES OF AMERICA, ) DEBORAH S. HUNT, Clerk
)
Plaintiff-Appellee, )
) ON APPEAL FROM THE UNITED
v. ) STATES DISTRICT COURT FOR
) THE WESTERN DISTRICT OF
MICHAEL STEPHENS, aka Michael ) TENNESSEE
Williams, )
)
Defendant-Appellant. )
BEFORE: MOORE, SUTTON, and DONALD, Circuit Judges.
PER CURIAM. Michael Stephens received a career-offender guidelines enhancement in
connection with his sentence for conspiracy to possess and distribute cocaine. On appeal, we
upheld the enhancement on the basis of Stephens’ prior convictions for aggravated burglary,
Tenn. Code § 39-14-403, attempted aggravated burglary, id., and felony drug possession. United
States v. Stephens, 651 Fed. App’x 445 (6th Cir. 2016). Applying United States v. Ozier, 796
F.3d 597, 600–03 (6th Cir. 2015), we found Tennessee’s aggravated burglary statute divisible.
As a result, we looked to the facts of Stephens’ prior conviction for attempted aggravated
burglary to determine whether he had committed a generic form of the offense of “burglary of a
dwelling.” We found that he had. Stephens, 651 Fed. App’x at 448. Following Mathis v. United
States, 136 S. Ct. 2243 (2016), the Supreme Court vacated this judgment and remanded for
further consideration. In light of Mathis and our recent decision in United States v. Stitt,
Case No. 15-5553, United States v. Stephens
860 F.3d 854, 857–59 (6th Cir. 2017) (en banc), we reverse our prior determination and remand
for resentencing, as both the government and Stephens agree is appropriate.
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