USA V. PHILLIP GREENE, No. 14-10359 (9th Cir. 2015)

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FILED DEC 16 2015 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, Plaintiff - Appellee, No. 14-10359 D.C. No. 2:13-cr-00289-LDG v. MEMORANDUM* PHILLIP GREENE, Defendant - Appellant. Appeal from the United States District Court for the District of Nevada Lloyd D. George, District Judge, Presiding Submitted December 9, 2015** Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges. 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. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 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. 2 14-10359