United States v. Curtis Knight

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT DEC 11 2009
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
UNITED STATES OF AMERICA, No. 09-30023
Plaintiff - Appellee, D.C. No. 2:08-cr-00071-WFN
v.
MEMORANDUM *
CURTIS ANTHONY KNIGHT,
Defendant - Appellant.
Appeal from the United States District Court
for the Eastern District of Washington
Wm. Fremming Nielsen, Senior District Judge, Presiding
Submitted November 17, 2009 **
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Curtis Anthony Knight appeals from the two concurrent 92-month sentences
imposed following his guilty-plea conviction for being a felon in possession of a
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
EF/Research
firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924. We have jurisdiction
pursuant to 28 U.S.C. § 1291, and we vacate and remand.
Knight contends, and the government concedes, that his sentence should be
vacated in light of our intervening decision in United States v. Christensen, 559
F.3d 1092, 1094-95 (9th Cir. 2009). We therefore vacate Knight’s sentence and
remand for resentencing. See United States v. Jennings, 515 F.3d 980, 992-93 (9th
Cir. 2008) (holding that the modified categorical approach does not apply when the
crime of conviction is missing an element of the generic crime).
In light of this disposition, we decline to address Knight’s contention that his
sentence is substantively unreasonable.
VACATED and REMANDED.
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