CINCINNATI, OH – The U.S. Court of Appeals for the Sixth Circuit has upheld the 57-month prison sentence of Kenneth Evans, ruling that his prior conviction for aggravated robbery under Ohio law qualifies as a “crime of violence” under the U.S. Sentencing Guidelines.
Evans pleaded guilty to being a felon in possession of a firearm and ammunition after police discovered a loaded pistol in a vehicle following a suspected drug transaction in October 2021. Because of his prior felony record, including a conviction for aggravated robbery, the district court applied an enhanced sentencing range and imposed the maximum term of 57 months.
Evans challenged the sentence, arguing that his prior aggravated robbery conviction under Ohio Revised Code § 2911.01(A)(1) should not count as a “crime of violence.” However, the Sixth Circuit disagreed, holding that aggravated robbery under Ohio law, when based on theft and involving a deadly weapon, categorically matches the Guidelines’ definition of extortion, an enumerated offense that qualifies for enhanced sentencing.
The court used the modified categorical approach and relied on state court documents to determine that Evans’s aggravated robbery involved theft under § 2913.02 and the brandishing of a deadly weapon, meeting the criteria for extortion. The court emphasized that such conduct necessarily involves obtaining something of value through fear or threat of injury.
The decision was issued October 16, 2025, under case number 23-3855, affirming the Northern District of Ohio’s judgment.
