United States v. Slade, No. 16-30150 (9th Cir. 2017)Annotate this Case
The Ninth Circuit vacated defendant's sentence for being a felon in possession of a firearm. In this case, the district court treated defendant's prior conviction under Washington's second-degree assault statute, Revised Code of Washington section 9A.36.021, as a crime of violence under the Sentencing Guidelines. State court documents from the prior conviction demonstrated that defendant had pleaded guilty to violating section 9A.36.021(1)(c), assault with a deadly weapon. The panel held that this case was controlled by its recent decision in United States v. Robinson, 869 F.3d 933 (9th Cir. 2017), in which the panel held that section 9A.36.021 is not a crime of violence under the Sentencing Guidelines. The panel explained that section 9A.36.021 criminalizes conduct that does not meet the generic federal definition of crime of violence and was not divisible. The panel concluded that United States v. Jennen, 596 F.3d 594 (9th Cir. 2010), was overruled. Accordingly, the court remanded for resentencing.