UNITED STATES of America, Plaintiff-Appellee, v. Phillip GREENE, Defendant-Appellant, 626 F. App'x 203

MEMORANDUM Phillip Greene appeals from the district court’s judgment and challenges the 262-month sentence imposed following his jury-trial conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing. Greene challenges the district court’s conclusion that his conviction under Nevada Revised Statutes § 199.305 is a violent felony under the residual clause of the Armed Career Criminal Act, 18 U.S.C. § 924(e)(2)(B)(ii).

We agree with the parties that the judgment should be vacated and the case remanded in light of Johnson v. United States, — U.S. —, 135 S.Ct. 2551, 2557, 192 L.Ed.2d 569 (2015), which held that the residual clause is unconstitutionally vague. 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.