Greene

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 23-4097 D.C. No. Plaintiff - Appellee, 2:23-cr-00209-

SPG-

v.

NAMIR MALIK ALI GREENE,

OPINION

Defendant - Appellant.

Appeal from the United States District Court for the Central District of California Sherilyn Peace Garnett, District Judge, Presiding

Argued and Submitted March 6, 2025 Pasadena, California

Filed May 23, 2025

Before: Richard C. Tallman, Sandra S. Ikuta, and Morgan B. Christen, Circuit Judges.

Opinion by Judge Christen SUMMARY *

Criminal Law

The panel reversed the district court’s use of a “pseudo- count” of carjacking to calculate Namir Malik Ali Greene’s offense level at sentencing in a case in which Greene pleaded guilty to one count of Hobbs Act robbery. When entering his guilty plea to the Hobbs Act robbery count, Greene also stipulated to certain facts including that, on April 15, 2023, “using the BB-gun to intimidate a vehicle owner,” he stole a 2010 Honda Accord. In the presentence report, the probation officer treated the April 15 car theft as a carjacking pseudo-count, and calculated an adjusted…