United States Ninth Circuit

Sentence for a violation of supervised release is vacated where the District Court did not specify which of two offenses (attempt or possession) in a divisible statute, Oregon Revised Statutes section 166.220(1)(a), the defendant's conduct constituted, and one of the two offenses (possession) may not, for purposes of U.S.S.G. section 7B1.1, be a crime of violence in light of the Supreme Court's decision in Johnson v. US, No. 13-7120 (U.S. June 26, 2015).

Appellate Information

• Decided 07/29/2015
• Published 07/29/2015

Judges

Court

• United States Ninth Circuit

Counsel