NOT RECOMMENDED FOR PUBLICATION
File Name: 16a0269n.06
No. 15-3596 FILED
May 17, 2016
UNITED STATES COURT OF APPEALS DEBORAH S. HUNT, Clerk
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA, )
)
Plaintiff-Appellee, )
)
v. ) ON APPEAL FROM THE
) UNITED STATES DISTRICT
PHILLIP T. DAVIS, ) COURT FOR THE NORTHERN
) DISTRICT OF OHIO
Defendant-Appellant. )
)
BEFORE: BOGGS, GIBBONS, and GRIFFIN, Circuit Judges.
PER CURIAM.
Defendant Phillip Davis pleaded guilty to two counts of distributing controlled
substances in violation of 21 U.S.C. § 841, and the district court sentenced him to 120 months of
imprisonment. The sole issue on appeal is whether the district court erred in designating Davis
as a “career offender” pursuant to U.S. Sentencing Guidelines § 4B1.1 in light of Johnson v.
United States, 135 S. Ct. 2551 (2015) (invalidating as unconstitutionally vague the “residual
clause” of the Armed Career Criminal Act, 18 U.S.C. § 924(e)). For the reasons set forth in our
recent decision in United States v. Pawlak, No. 15-3566, slip op. at 2−13 (6th Cir. May 13, 2016)
(holding an identical “residual clause” in the U.S. Sentencing Guidelines unconstitutionally
vague), and upon the government’s concession of prejudicial sentencing error, we vacate Davis’s
sentence and remand for resentencing.