U.S. v. THOMAS

No. 14-10427.

856 F.3d 624 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Joel Leon THOMAS, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 8, 2017.


Attorney(s) appearing for the Case

Florence M. Bruemmer (argued), Law Office of Florence M. Bruemmer PC, Anthem, Arizona; Anders V. Rosenquist , Rosenquist & Associates, Anthem, Arizona; for Defendant-Appellant.

Rachel C. Hernandez (argued), Assistant United States Attorney; Krissa M. Lanham , Deputy Appellate Chief; John S. Leonardo , United States Attorney; United States Attorney's Office, Phoenix, Arizona; for Plaintiff-Appellee.

Dissent by Judge Wallace.


ORDER

A majority of the panel has voted to GRANT rehearing, in part. The Supreme Court recently considered whether the existence of a mandatory minimum sentence under § 924(c) impacts the analysis under § 3553(a). It said "[n]othing in § 924(c) restricts the authority conferred on sentencing courts by § 3553(a) and the related provisions to consider a sentence imposed under § 924(c) when calculating a just sentence for the predicate...

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