United States of America v. Phillip Greene

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
PHILLIP GREENE,
Defendant - Appellant.
No. 14-10359
D.C. No. 2:13-cr-00289-LDG
MEMORANDUM*
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.
FILED
DEC 16 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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.
14-10359 2

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