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UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DANIEL LEE LACASSE, Defendant-Appellant. |
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On Remand from the United States Supreme Court.
No. 06-00008—R. Allan Edgar, District Judge.
Argued: September 13, 2007
Decided and Filed: June 4, 2009
Before: NORRIS, GIBBONS, and ROGERS, Circuit Judges.
ALAN E. NORRIS, Circuit Judge. This case returns to us on remand from the United States Supreme Court, LaCasse v. United States, 129 S. Ct. 992 (2009), with instructions to reconsider our prior judgment in light of Begay v. United States, 128 S. Ct. 1581 (2008), and Chambers v. United States, 129 S. Ct. 687 (2009). We have done so and conclude that neither Begay nor Chambers alters our earlier holding that Michigan’s “fleeing and eluding” statute, Mich. Comp. Laws, § 750.479a, qualifies as a violent felony under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e)(1). United States v. LaCasse, 253 F. App’x 553, 556 (6th Cir. 2007).
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THOMAS J. SAVOCA, Petitioner-Appellant, v. UNITED STATES OF AMERICA, Respondent-Appellee. |
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Appeal from the United States District Court
for the Northern District of Ohio at Cleveland.
No. 06-01747—John R. Adams, District Judge.
Decided and Filed: June 4, 2009
Before: MERRITT, MARTIN, and SUHRHEINRICH, Circuit Judges.
BOYCE F. MARTIN, JR., Circuit Judge. Thomas J. Savoca, a pro se federal prisoner, appeals a district court judgment denying his motion to vacate sentence filed pursuant to 28 U.S.C. § 2255. Savoca applies to this Court for a certificate of appealability. See Fed. R. App. P. 22(b).
Savoca was convicted by a jury of conspiracy to commit bank robbery, four counts of bank robbery, and two counts of using a firearm in relation to a bank robbery. Prior to United States v. Booker, 543 U.S. 220 (2005), the federal district court imposed a sentence of 77 years and 3 months, but anticipating the possibility that the federal sentencing guidelines might later be declared unconstitutional, the district judge also imposed an alternative sentence of 70 years. On appeal, a panel of this Court affirmed Savoca’s conviction and remanded the case solely for the purpose of vacating the 77 year 3 month sentence and imposing the 70-year sentence. United States v. Savoca, 166 F. App’x 183 (6th Cir. 2006).
. . .
The motion for a certificate of appealability is denied.
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DANIEL BEDFORD, Petitioner-Appellant, v. TERRY COLLINS, Respondent-Appellee. |
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Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 92-00547—George C. Smith, District Judge.
Argued: April 22, 2009
Decided and Filed: June 4, 2009
Before: BOGGS, Chief Judge; SUTTON and McKEAGUE, Circuit Judges.
SUTTON, Circuit Judge. A jury convicted Daniel Bedford of the aggravated murder of Gwen Toepfert and the murder of John Smith, and at the jury’s recommendation a state trial court sentenced him to death. The Ohio courts affirmed his convictions and sentence on direct review and denied postconviction relief. Bedford sought a writ of habeas corpus under 28 U.S.C. § 2254, which the district court denied. We affirm.