United States Ninth Circuit

Sentence for conviction of distributing crack cocaine is vacated and remanded for resentencing where neither the defendant's conviction under Calif. Penal Code section 243.1 nor his conviction under section 69 was for a "crime of violence" as defined by the residual clause of the career offender guideline, U.S.S.G. section 4B1.2(a)(2).

Appellate Information

• Published 2016/05/06

Judges

• HURWITZ

Court

• United States Ninth Circuit

Counsel