Appeal from the United States District Court
for the Northern District of Ohio at Akron.
No. 5:10-cr-00489-1—Christopher A. Boyko, District Judge.
Argued: June 13, 2017
Decided and Filed: August 9, 2017
Before: MOORE, GILMAN, and COOK, Circuit Judges.
RONALD LEE GILMAN, Circuit Judge. Willie Yates appeals from the district court’s
sentencing decision in connection with his convictions for being a felon in possession of a
firearm and for possessing crack cocaine with the intent to distribute the drug. The court found
Yates to be a career offender under United States Sentencing Guidelines (U.S.S.G.) § 4B1.1(a)
based on his prior Ohio convictions for robbery and drug trafficking. Yates contends, however,
that he was improperly classified as a career offender, arguing that his Ohio robbery conviction
does not qualify as a “crime of violence” under U.S.S.G § 4B1.1(a)(3). He also contends that his
sentence is substantively unreasonable because the court failed to consider an applicable policy
statement in the commentary to the guidelines. For the following reasons, we VACATE Yates’s
sentence and REMAND the case for resentencing.