UNITED STATES of America, Plaintiff-Appellee v. Sol Sebastian PEOPLES, Defendant-Appellant.
No. 13-11339.
United States Court of Appeals, Fifth Circuit.
Aug. 19, 2015.
Brian W. Mckay, Esq., Assistant U.S. Attorney, John J. Boyle, Assistant U.S. Attorney, James Wesley Hendrix, Assistant U.S. Attorney, U.S. Attorney’s Office, Dallas, TX, for Plaintiff-Appellee.
Kevin Joel Page, Federal Public Defender’s Office, Dallas, TX, for Defendant-Appellant.
Before REAVLEY, SMITH, and SOUTHWICK, Circuit Judges.
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
PER CURIAM:
The defendant has been sentenced to the mandatory minimum sentence pursuant to the Armed Career Criminal Act because of three prior convictions for violent felonies. Because the Supreme Court has held that the residual clause of the statute is unconstitutional in Johnson v. United States, 576 U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015), defendant’s sentence must be vacated and a new sentence imposed.
SENTENCE VACATED; CASE REMANDED.