United States v. Ursus Demetrious Stroud

91 F.3d 157 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Ursus Demetrious STROUD, Defendant-Appellant. No. 95-30138. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1996. * Decided July 10, 1996. Before: GOODWIN and BRUNETTI, Circuit Judges, and KING, ** District Judge. MEMORANDUM *** Ursus Demetrious Stroud appeals his 60-month sentence following resentencing by the district court for possession with intent to distribute cocaine base in violation of 21 U.S.C. § 841 (a)(1) (Count I) and being a felon in possession of a firearm in violation of 18 U.S.C. § 922 (g) (Count III). Stroud contends that he should not have been resentenced to a 60-month mandatory minimum because the amount of drugs for which he was convicted did not meet the threshold amount required for imposition of the mandatory minimum. We have jurisdiction pursuant to 28 U.S.C. § 1291 and vacate and remand. Stroud was…