UNITED STATES v. HOLIDAY (2022)

United States Court of Appeals, Ninth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Juan Marquis HOLIDAY, Defendant-Appellant.

No. 20-50157

Decided: November 22, 2022

Before: M. SMITH and IKUTA, Circuit Judges, and STEELE,* District Judge.

ORDER

The decision entered in this matter, reported at 998 F.3d 888 (9th Cir. 2021), was vacated by the Supreme Court of the United States. See Holiday v. United States, ––– U.S. ––––, 142 S. Ct. 2857, ––– L.Ed.2d –––– (2022). Accordingly, we now REVERSE the district court's judgment on Counts Seventeen, Eighteen, and Nineteen. We AFFIRM in all other respects for the reasons explained in our opinion reported at 998 F.3d 888. We REMAND to the district court for resentencing consistent with United States v. Taylor, ––– U.S. ––––, 142 S.Ct. 2015, 213 L.Ed.2d 349 (2022).

AFFIRMED in part, REVERSED in part, and REMANDED.