United States v. Phillip Greene

U.S. Court of Appeals for the Ninth Circuit
United States v. Phillip Greene, 626 F. App'x 203 (9th Cir. 2015)
Wallace, Rawlinson, Ikuta

United States v. Phillip Greene

Opinion

MEMORANDUM **

Phillip Greene appeals from the district court’s judgment and challenges the 262-month sentence imposed following his jury-trial conviction for being a felon in *204 possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.

Greene challenges the district court’s conclusion that his conviction under Nevada Revised Statutes § 199.305 is a violent felony under the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(ii). We agree with the parties that the judgment should be vacated and the case remanded in light of Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 2557, 192 L.Ed.2d 569 (2015), which held that the residual clause is unconstitutionally vague.

VACATED and REMANDED for re-sentencing.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
UNITED STATES of America, Plaintiff-Appellee, v. Phillip GREENE, Defendant-Appellant
Status
Unpublished