United States of America, Plaintiff-appellee, v. Freeman Lee Houston, Defendant-appellant, 967 F.2d 593 (9th Cir. 1992)Annotate this Case
Before POOLE, BEEZER and KOZINSKI, Circuit Judges.
Freeman Lee Houston appeals from his sentence, imposed following a guilty plea, for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) (1). Freeman contends that the district court erred by sentencing him as a career offender under the United States Sentencing Guidelines. We have jurisdiction under 28 U.S.C. § 1291 and we vacate the sentence and remand for resentencing.
We review de novo the district court's interpretation of the Guidelines. United States v. Huffhines, No. 91-50426, slip. op. 6593, 6606 (9th Cir. June 15, 1992).
A defendant is considered a career offender under the Guidelines if his offense is a violent felony and he has two prior felony convictions for violent offenses or offenses involving controlled substances. U.S.S.G. § 4B1.1. Prior to the effective date of the 1989 amendments to the Guidelines, possession of a firearm by a felon was considered a crime of violence for purposes of the career offender provisions. See U.S.S.G. § 4B1.2 (1988); United States v. O'Neal, 937 F.2d 1369, 1374-75 (9th Cir. 1990). The relevant definition was amended as of November 1, 1989, however, and under the Guidelines in effect since that date, firearm possession by a felon is no longer a predicate crime of violence. Huffhines, No. 91-50426, slip. op. at 6609.
Houston committed his offense on or about April 7, 1990 and was sentenced on November 1, 1990. Accordingly, the post-1989 Guidelines were applicable to his offense, the district court erred by sentencing him as a career offender, and he must be resentenced. See Huffhines, No. 91-50426, slip. op. at 6609.
VACATED AND REMANDED.