Opinion
No. 14-10359
12-16-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. PHILLIP GREENE, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 2:13-cr-00289-LDG MEMORANDUM Appeal from the United States District Court for the District of Nevada
Lloyd D. George, District Judge, Presiding Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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 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, 135 S. Ct. 2551, 2557 (2015), which held that the residual clause is unconstitutionally vague.
VACATED and REMANDED for resentencing.