United States v. Thomas, Jr.
The Ninth Circuit filed an order granting in part and denying in part a petition for panel rehearing, and denying on behalf of the court a petition for rehearing en banc. In 2016, the court filed an opinion affirming defendant's conviction and sentence for multiple counts of conspiracy, armed bank robbery, and use of a firearm during a crime of violence. The Ninth Circuit vacated the sentence and remanded for resentencing, in light of the Supreme Court's intervening decision in Dean v. United States. The Court in Dean said that nothing in 18 U.S.C. 924(c) restricts the authority conferred on sentencing courts by 18 U.S.C. 3553(a) and the related provisions to consider a sentence imposed under section 924(c) when calculating a just sentence for the predicate count. View "United States v. Thomas, Jr." on Justia Law