United States v. Johnson

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The Ninth Circuit affirmed defendant's conviction for being a felon in possession of a firearm, rejecting defendant's challenges to the denial of two motions to suppress evidence, admission of a witness' testimony, and the denial of defendant's Daubert motion. However, the panel vacated the sentence based on the government's cross-appeal and remanded for resentencing with instructions that a conviction under CPC 211(a) qualifies as a crime of violence, warranting a base offense level of 24 under USSG 2K2.1(a)(2). In United States v. Barragan, 871 F.3d 689 (9th Cir. 2017), the panel held unequivocally that a prior California robbery conviction is categorically a "crime of violence" for purposes of the career offender sentencing provision. View "United States v. Johnson" on Justia Law