United States of America v. CHRISTOPHER RAY MYERS, AKA Christopher Myers

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
CHRISTOPHER RAY MYERS, AKA
Christopher Myers,
Defendant-Appellant.
No. 17-30159
D.C. No.
2:15-cr-00045-JLQ-1
MEMORANDUM*
Appeal from the United States District Court
for the Eastern District of Washington
Justin L. Quackenbush, District Judge, Presiding
Argued and Submitted February 6, 2019
Seattle, Washington
Before: IKUTA and CHRISTEN, Circuit Judges, and CHOE-GROVES,** Judge.
FILED
JUL 22 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Jennifer Choe-Groves, Judge for the United States
Court of International Trade, sitting by designation.

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Christopher Myers appeals his sentence for unlawfully possessing a firearm
in violation of 18 U.S.C. § 922(g). We have jurisdiction under 28 U.S.C. § 1291.1
In sentencing Myers to 77 months’ imprisonment consecutive to his state
sentence of 63 months, the district court did not acknowledge the applicability of
§ 5G1.3(b)(2) of the U.S. Sentencing Guidelines, which provides that when both
the federal and state sentences arise from the same “relevant conduct,” the federal
sentence “shall be imposed to run concurrently to the remainder of the
undischarged term of imprisonment.” U.S.S.G. § 5G1.3(b)(2). Because the district
court did not provide any reason for varying from § 5G1.3(b)(2) of the Guidelines
in imposing a consecutive sentence, we vacate the district court’s sentencing order
and remand for the district court to reconsider Myers’s sentence in light of that
section. See Rosales-Mireles v. United States, 138 S. Ct. 1897, 1911 (2018);
United States v. Armstead, 552 F.3d 769, 784 (9th Cir. 2008).
In ruling that Washington Second Degree Assault, Wash. Rev. Code
§ 9A.36.021, is a “crime of violence” under § 4B1.2(a) of the Guidelines, the
district court did not have the benefit of Stokeling v. United States, 139 S. Ct. 544
1 In a published opinion filed concurrently with this memorandum
disposition, we vacate the district court’s denial of Myers’s Sixth Amendment
speedy trial claim and remand for further proceedings consistent with that opinion.
United States v. Myers, __ F.3d ___ (9th Cir. 2019).
2

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(2019), United States v. Vederoff, 914 F.3d 1238 (9th Cir. 2019), or United States
v. Robinson, 869 F.3d 933 (9th Cir. 2017). We remand to the district court to
reconsider this issue in light of this new case law.
VACATED AND REMANDED.
3

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