USA V. JUAN HOLIDAY

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 22, 2022
• Docket: 20-50157
• Status: Published

Opinion

FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS NOV 22 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 20-50157

Plaintiff-Appellee, D.C. No. 3:17-cr-01370-AJB-1 v.

JUAN MARQUIS HOLIDAY, ORDER

Defendant-Appellant.

On Remand from the United States Supreme Court

Before: M. SMITH and IKUTA, Circuit Judges, and STEELE, * District Judge.

Order

* The Honorable John E. Steele, United States District Judge for the Middle District of Florida, sitting by designation. SUMMARY **

Criminal Law

On remand from the United States Supreme Court, which vacated this court’s decision reported at 998 F.3d 888 (9th Cir. 2020), the panel reversed the district court’s judgment on Counts Seventeen, Eighteen, and Nineteen; affirmed in all other respects for the reasons explained in the opinion reported at 998 F.3d 888; and remanded to the district court for resentencing consistent with United States v. Taylor, 142 S. Ct. 2015 (2022).

The decision entered in this matter, reported at 998 F.3d 888 (9th Cir. 2020),

was vacated by the Supreme Court of the United States. See Holiday v. United

States, 142 S. Ct. 2857 (2022). Accordingly, we now REVERSE the district

court’s judgment on Counts Seventeen, Eighteen, and Nineteen. We AFFIRM in

all other respects for the reasons explained in our opinion reported at 998 F.3d 888.

We REMAND to the district court for resentencing consistent with United States v.

Taylor, 142 S.Ct. 2015 (2022).

AFFIRMED in part, REVERSED in part, and REMANDED.

** This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.