Summary
remanding case for resentencing in light of the government's concession that Johnson applies to the Sentencing Guidelines
Summary of this case from Galindo-Vega v. United StatesOpinion
No. 14-10512
09-23-2015
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. DEMARKUS DANTE BENAVIDES, Defendant - Appellant.
NOT FOR PUBLICATION
D.C. No. 4:13-cr-00718-JSW MEMORANDUM Appeal from the United States District Court for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Demarkus Dante Benavides appeals the 87-month sentence imposed following his guilty-plea conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g). Benavides challenges the district court's conclusion that his prior burglary offense is a crime of violence under the residual clause of U.S.S.G. § 4B1.2. In light of the government's concession in its August 17, 2015, supplemental brief that Johnson v. United States, 135 S. Ct. 2551 (2015), applies to the U.S. Sentencing Guidelines, Benavides' sentence is hereby vacated and the matter is remanded to the district court for resentencing forthwith. The mandate shall issue forthwith.
VACATED and REMANDED for resentencing.