UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

┐ UNITED STATES OF AMERICA, │ Plaintiff-Appellee, │ > No. 21-3209 │ v. │ │ JAMAEL WHITE, │ DEFENDANT-APPELLANT. │ ┘

Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 1:20-cr-00022-1—Michael R. Barrett, District Judge.

Argued: March 16, 2022

Decided and Filed: January 31, 2023

Before: MOORE, WHITE, and BUSH, Circuit Judges. _________________

COUNSEL ARGUED: Wendy R. Calaway, THE LAW OFFICE OF WENDY R. CALAWAY, CO., L.P.A., Cincinnati, Ohio, for Appellant. Mary Beth Young, UNITED STATES ATTORNEY’S OFFICE, Columbus, Ohio, for Appellee. ON BRIEF: Wendy R. Calaway, THE LAW OFFICE OF WENDY R. CALAWAY, CO., L.P.A., Cincinnati, Ohio, for Appellant. Kevin Koller, UNITED STATES ATTORNEY’S OFFICE, Cincinnati, Ohio, for Appellee. _________________

OPINION _________________

HELENE N. WHITE, Circuit Judge. Defendant-Appellant Jamael White challenges his designation as an armed career criminal, arguing that his Ohio aggravated robbery convictions do not qualify as predicate offenses under the Armed Career Criminal Act (ACCA) because the Ohio offense can be committed with a mens rea less than purposeful or knowing conduct. No. 21-3209 United States v. White Page 2

He also argues that his juvenile adjudication for aggravated robbery cannot serve as an ACCA predicate offense because the government failed to prove the subsection of the statute under which he was adjudicated, and not all subsections delineate violent felonies. Additionally, White challenges the constitutionality of using juvenile adjudications to enhance sentences under the ACCA. Finally, White argues that, to the extent his objections were not adequately preserved, his trial counsel provided constitutionally deficient counsel. For the reasons set forth below, we VACATE White’s sentence and REMAND for resentencing consistent with this opinion.

I.

A.

On December 7, 2019, police officers in Cincinnati, Ohio, responded to a “shots fired” call in the Over-the-Rhine neighborhood. They recovered approximately eight shell casings and interviewed witnesses. One witness had recorded the incident on video and provided it to the officers, who suspected that White had pointed a gun at a person in the video. Police interviewed that person, who said that he knew White and that White had pointed a gun at his face and demanded his personal property.

Three days later, while surveilling the address White had provided to his parole officer, police observed White leave the house and enter a vehicle being driven by someone else. Police performed a traffic stop on the vehicle and found the driver in possession of a firearm, for which he was later charged. They also found a .40 caliber Hi-Point JCP firearm loaded with nine rounds of ammunition under the seat where White was seated. White later admitted that the Hi- Point f