United States of America v. Phillip T. Davis

NOT RECOMMENDED FOR PUBLICATION
File Name: 16a0269n.06
No. 15-3596
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
PHILLIP T. DAVIS,
Defendant-Appellant.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF OHIO
BEFORE: BOGGS, GIBBONS, and GRIFFIN, Circuit Judges.
PER CURIAM.
Defendant Phillip Davis pleaded guilty to two counts of distributing controlled
substances in violation of 21 U.S.C. § 841, and the district court sentenced him to 120 months of
imprisonment. The sole issue on appeal is whether the district court erred in designating Davis
as a “career offender” pursuant to U.S. Sentencing Guidelines § 4B1.1 in light of Johnson v.
United States, 135 S. Ct. 2551 (2015) (invalidating as unconstitutionally vague the “residual
clause” of the Armed Career Criminal Act, 18 U.S.C. § 924(e)). For the reasons set forth in our
recent decision in United States v. Pawlak, No. 15-3566, slip op. at 2−13 (6th Cir. May 13, 2016)
(holding an identical “residual clause” in the U.S. Sentencing Guidelines unconstitutionally
vague), and upon the government’s concession of prejudicial sentencing error, we vacate Davis’s
sentence and remand for resentencing.

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