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- Unpublished