US Court of Appeals for the Fifth Circuit Opinions United States v. Lewis Docket: 17-50526 Opinion Date: November 1, 2018 Judge: Jerry E. Smith Areas of Law: Criminal Law The Fifth Circuit vacated defendant's conviction for count 23 -- possession, use, and carrying a firearm during and in relation to a crime of violence (brandishing) -- where both parties agreed that under United States v. Davis, 903 F.3d 483, 484–86 (5th Cir. 2018), defendant's conviction of conspiracy to commit Hobbs Act robbery (count 1) could not serve as the underlying crime of violence predicate for his initial count 23 conviction. The court also held that, because the conviction affected his sentence, the sentence must be vacated and remanded for resentencing. Read Opinion
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