United States v. Lewis, No. 17-50526 (5th Cir. 2018)Annotate this Case
The Fifth Circuit vacated defendant's conviction for count 23 -- possession, use, and carrying a firearm during and in relation to a crime of violence (brandishing) -- where both parties agreed that under United States v. Davis, 903 F.3d 483, 484–86 (5th Cir. 2018), defendant's conviction of conspiracy to commit Hobbs Act robbery (count 1) could not serve as the underlying crime of violence predicate for his initial count 23 conviction. The court also held that, because the conviction affected his sentence, the sentence must be vacated and remanded for resentencing.