United States v. Eric Goodall

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 18-10004 Plaintiff-Appellee, D.C. No. v. 2:15-CR-00077-

JCM-VCF-

ERIC JAMAR GOODALL,

Defendant-Appellant. OPINION

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding

Argued and Submitted July 8, 2021 San Francisco, California

Filed October 13, 2021

Before: Susan P. Graber and Kenneth K. Lee, Circuit Judges, and Kathryn H. Vratil, * District Judge.

Opinion by Judge Lee

* The Honorable Kathryn H. Vratil, United States District Judge for the District of Kansas, sitting by designation. SUMMARY **

Criminal Law

The panel dismissed, as barred by the appellate waiver in his plea agreement, Eric Goodall’s appeal seeking to vacate his conviction and sentence for brandishing a firearm in relation to a crime of violence in violation of 18 U.S.C. § 924(c).

After Goodall filed his appeal, the Supreme Court held in United States v. Davis, 139 S. Ct. 2319 (2019), that § 924(c)’s “residual clause” defining a “crime of violence” was…