United States v. Thomas, Jr., No. 14-10427 (9th Cir. 2017)Annotate this Case
In this order, the Ninth Circuit granted in part and denied in part a petition for panel rehearing, and denied on behalf of the court a petition for rehearing en banc.
In 2016, a Ninth Circuit panel affirmed defendant's conviction and sentence for multiple counts of conspiracy, armed bank robbery, and use of a firearm during a crime of violence. Subsequent to that decision, the U.S. Supreme Court held in Dean v. United States, holding that nothing in 18 U.S.C. 924(c) restricts the authority conferred on sentencing courts by 18 U.S.C. 3553(a) and the related provisions to consider a sentence imposed under section 924(c) when calculating a just sentence for the predicate count. In light of the decision in Dean, the Ninth Circuit vacated the sentence and remanded for resentencing.
This is a revision of a Previous Opinion originally issued on December 20, 2016.