United States of America v. Derrick Vincent

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DERRICK VINCENT,
Defendant-Appellant.
No. 17-10187
D.C. No. 2:16-cr-00168-GMN
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Gloria M. Navarro, Chief Judge, Presiding
Submitted August 15, 2018**
Before: FARRIS, BYBEE, and N.R. SMITH, Circuit Judges.
Derrick Vincent appeals from the district court’s judgment and challenges
the 46-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)(1) and
924(a)(2). In supplemental briefs filed after this court decided United States v.
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
AUG 22 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-10187
Edling, 895 F.3d 1153 (9th Cir. 2018), the parties agree that Edling requires that
Vincent be resentenced. We concur. See id. at 1158 (holding that a robbery
conviction under Nevada Revised Statues § 200.380 is not a crime of violence).
We vacate the district court’s judgment and remand for resentencing without the
crime of violence enhancement to Vincent’s base offense level.
In light of this disposition, we do not reach Vincent’s argument that his
sentence is substantively unreasonable.
VACATED and REMANDED for resentencing.

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