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U.S. v. JOHNSON

No. 98-30297.

187 F.3d 1129 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Mark Wesley JOHNSON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 16, 1999.

Attorney(s) appearing for the Case

Mark Bennett Weintraub, Assistant Federal Public Defender, Eugene, Oregon, for the defendant-appellant.

William E. Fitzgerald, Assistant United States Attorney, Eugene, Oregon, for the plaintiff-appellee.

Before: FLETCHER, FERGUSON, and TASHIMA, Circuit Judges.

Opinion by Judge FERGUSON; Partial Concurrence and Partial Dissent by Judge TASHIMA.

FERGUSON, Circuit Judge:

Mark Johnson was sentenced to a term of 71 months pursuant to a guilty plea for possession of a firearm by a prohibited person in violation of 18 U.S.C. § 922(g)(9). On appeal, we vacate his sentence and remand for re-sentencing before a different district court judge.

I. BACKGROUND

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