United States v. Demarkus Benavides, 617 F. App'x 790 (9th Cir. 2015). · Go Syfert
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UNITED STATES of America, Plaintiff-Appellee,
v.
Demarkus Dante BENAVIDES, Defendant-Appellant
14-10512.
Court of Appeals for the Ninth Circuit.
Sep 23, 2015.
Unpublished opinion
617 F. App'x 790
Meredith Blagden Osborn, Assistant U.S. Barbara Valliere, Assistant U.S. DOJ-USAO San Francisco, CA, for Plaintiff-Appellee., Juliana Drous, Esquire, Law Offices of Juliana Drous, San Francisco, CA, for Defendant-Appellant.
Reinhardt, Leavy, Berzon.
Cited by 1 opinion  |  Unpublished  |  Criminal

MEMORANDUM ** .

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, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (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 re-sentencing.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.