U.S. Court of Appeals for the Ninth Circuit, 2015

United States v. Phillip Greene

United States v. Phillip Greene
U.S. Court of Appeals for the Ninth Circuit · Decided December 16, 2015 · Wallace, Rawlinson, Ikuta
626 F. App'x 203

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.

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