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UNITED STATES of America, Plaintiff-Appellee, v. Nathaniel PEMBROOK, Shaeed Calhoun, David Briley, and Orlando Johnson, Defendants-Appellants.
Upon convictions for robbery, conspiracy, and firearms charges, the district court imposed lengthy prison sentences on four co-defendants. On appeal, we affirmed. United States v. Pembrook, 876 F.3d 812 (6th Cir. 2017).
In that appeal the defendants argued that 18 U.S.C. § 924(c)(3)(B) was unconstitutionally vague, so the § 924(c) minimum sentences did not apply and resentencing was warranted. We rejected that argument based on then-binding Sixth Circuit precedent, but acknowledged that if the defendants were correct, that would warrant resentencing. Id. at 830-31.
The defendants petitioned the Supreme Court for certiorari and the Court remanded for reconsideration of this issue. See, e.g., Pembrook v. United States, ––– U.S. ––––, 139 S.Ct. 68, 202 L.Ed.2d 1 (2018). In the meantime, the Court has now held that § 924(c)(3)(B) is unconstitutionally vague. United States v. Davis, 588 U.S. ––––, ––––, 139 S.Ct. 2319, 204 L.Ed.2d 757 (2019).
Consequently, we remand these cases to the district court for resentencing.
ALICE M. BATCHELDER, Circuit Judge.
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Docket No: Nos. 16-1650 /1706 /1707 /1708
Decided: August 20, 2019
Court: United States Court of Appeals, Sixth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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