CINCINNATI, OHIO — The U.S. Court of Appeals for the Sixth Circuit has affirmed a 115-month sentence for Jemar Jeresse Simmons, an Ohio man who pleaded guilty to being a felon in possession of a firearm and ammunition and illegally possessing a machine gun following a 2024 arrest in Cuyahoga Falls.
According to court records, Simmons was arrested after a woman called 911 from a gas station and told dispatchers she felt unsafe in a car with him. When police arrived, Simmons was agitated and attempted to flee. During the encounter, officers saw a handgun with an extended magazine fall from his waistband. He was ultimately arrested after resisting officers, one of whom suffered a head injury.
The firearm was a Glock 17 modified with a switch to make it fully automatic. Simmons was also intoxicated and in possession of an open container, according to investigators. The woman later told police that Simmons had threatened her earlier that evening with a firearm.
After failing to appear for a court date, Simmons led Akron police on a high-speed vehicle chase and fled on foot after crashing into a tree. Officers recovered drugs and a digital scale at the apartment where he was staying.
Simmons pleaded guilty in federal court to violations of 18 U.S.C. §§ 922(g)(1), 924(a)(8), 922(o)(1), and 924(a)(2). His advisory sentencing range was 70 to 87 months, but the district court imposed a higher sentence based on his extensive criminal history, repeated failures to comply with law enforcement, and public safety concerns.
Simmons challenged the sentence as substantively unreasonable, but the Sixth Circuit found the upward variance justified. The court cited his record of violent offenses starting in his teens, prior convictions for robbery, aggravated assault, multiple gun possession charges, and repeated infractions while incarcerated. It also noted the danger posed by his continued firearm possession and disregard for court orders.
The appellate panel concluded that the district court appropriately weighed both aggravating and mitigating factors and acted within its discretion under 18 U.S.C. § 3553(a).
The sentence remains in effect following the decision.
