United States v. Tyrone Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 19-10066 Plaintiff-Appellee, D.C. No. v. 2:12-cr-00289-

JCM-PAL-

TYRONE DAVIS,

Defendant-Appellant. OPINION

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

Submitted December 6, 2021 * San Francisco, California

Filed May 13, 2022

Before: Carlos F. Lucero, ** Sandra S. Ikuta, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Lucero; Concurrence by Judge VanDyke

* The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). ** The Honorable Carlos F. Lucero, United States Circuit Judge for the U.S. Court of Appeals for the Tenth Circuit, sitting by designation. SUMMARY ***

Criminal Law

The panel affirmed Tyrone Davis’ conviction for being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1), vacated his sentence, and remanded for resentencing.

Following entry of Davis’ guilty plea and his two sentencing proceedings, the Supreme…