United States v. Richard Samuel Huffhines

A jury convicted Richard Samuel Huff-hines of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1). In sentencing Huffhines, the district court considered this crime to be a crime of violence. Because Huffhines had two previous convictions for crimes of violence, the district court treated him as a career offender under Sentencing Guideline § 4B1.1 and sentenced him to 120 months in prison followed by three years of supervised release.

Huffhines appeals his conviction and sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm Huffhines’s conviction. We vacate his sentence, because we hold, consistent with our recent opinion in United States v. Sahakian, 965 F.2d 740, 742 (9th Cir.1992), that the crime of being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g)(1) is not a crime of violence under the 1989 amendment to guideline section 4B1.2. We remand for resentencing.

FACTS

On September 29, 1989, James Shaw reported to the Beverly Hills Police Department that he had been followed by Huff-hines, who was driving a Chevrolet Blazer with New Mexico license plates. Detective Stephen Miller investigated the incident.…