Summary
remanding case to district court for resentencing without an enhancement for serious bodily injury because Supreme Court held that serious bodily injury is an element of the offense rather than a sentencing factor
Summary of this case from U.S. v. TranOpinion
No. 96-10179
Decided April 5, 1999
On Remand from the United States Supreme Court. D.C. No. CR-92-05264-REC.
Before: HUG, Chief Judge, CANBY and HAWKINS, Circuit Judges.
ORDER
The judgment of the district court is reversed in accordance with the Supreme Court's opinion in Jones v. United States, ___ U.S. ___, ___ S.Ct. ___,___ L.Ed.2d ___, 1999 WL 155688 (March 24, 2999), and the matter is remanded to the district court for resentencing.