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UNITED STATES of America, Plaintiff-Appellee, v. Phillip T. DAVIS, Defendant-Appellant

United States Court of Appeals for the Sixth Circuit2016-05-17No. No. 15-3596
648 F. App'x 586

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Opinion

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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, — U.S. —, 135 S.Ct. 2551, 192 L.Ed.2d 569 (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, 822 F.3d 902, 903-11, 2016 WL 2802723 (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.