Defendant's crack cocaine distribution sentence is vacated and remanded where the district court needed to determine whether defendant qualified as a career offender in light of Begay v. U.S., 128 S. Ct. 1581 (2008), because: 1) a generic conviction for sexual battery under Ohio Rev. Code section 2907.03, defendant's prior offense of conviction, was not categorically a "crime of violence"; and 2) the factual recitation of the crime provided in the presentence report did not indicate that defendant's offense was a crime of violence.
Argued: December 3, 2008
Decided and Filed: September 2, 2009
Opinion by Judge Moore
Partial Concurrence and Partial Dissent by Judge Friedman
Jonathan Witmer-Rich, Office of the Federal Public Defender, Cleveland, OH
Gregory C. Sasse, Assistant United States Attorney, Cleveland, OH