UNITED STATES v. MATHEWS

No. 19-56110.

37 F.4th 622 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Glen MATHEWS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2022.


Attorney(s) appearing for the Case

Kara Hartzler , Federal Defenders of San Diego Inc., San Diego, California, for Defendant-Appellant.

Randy S. Grossman , Chief, Appellate Section, Criminal Division; Daniel E. Zipp , Assistant United States Attorney; United States Attorney's Office, San Diego, California; for Plaintiff-Appellee.

Before: Paul J. Kelly, Jr., Milan D. Smith, Jr., and Danielle J. Forrest, Circuit Judges.


OPINION

Defendant-Appellant Richard Mathews argues that his conviction and sentence under 18 U.S.C. § 924(c)(1) for using or carrying an explosive device during a crime of violence should be vacated. The Government concedes that Mathews's conviction under 18 U.S.C. § 844(i) is not a crime of violence under...

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