Opinion
No. 17-10187
08-22-2018
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DERRICK VINCENT, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:16-cr-00168-GMN MEMORANDUM Appeal from the United States District Court for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Derrick Vincent appeals from the district court's judgment and challenges the 46-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). In supplemental briefs filed after this court decided United States v. Edling, 895 F.3d 1153 (9th Cir. 2018), the parties agree that Edling requires that Vincent be resentenced. We concur. See id. at 1158 (holding that a robbery conviction under Nevada Revised Statues § 200.380 is not a crime of violence). We vacate the district court's judgment and remand for resentencing without the crime of violence enhancement to Vincent's base offense level.
In light of this disposition, we do not reach Vincent's argument that his sentence is substantively unreasonable.
VACATED and REMANDED for resentencing.