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United States v. Dennis Plemons
693 F. App'x 435
| 6th Cir. | 2017
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*1 Before: BATCHELDER and KETHLEDGE, Circuit Judges; LEVY, District Judge.  KETHLEDGE, Circuit Judge. In 2014, Dennis Plemons pleaded guilty to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). At sentencing, the district court found that Plemons had three prior convictions for violent felonies under the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), which triggered a mandatory-minimum sentence of 15 years. One of those convictions was for Tennessee aggravated burglary, Tenn. Code Ann. § 39-14-403. At the time of Plemons’s sentencing, that crime constituted a violent felony for purposes of the ACCA under our decision in United States v. Nance , 481 F.3d 882 (6th Cir. 2007). In United States v. Stitt , however, we overruled Nance and held that a conviction for Tennessee aggravated burglary is not a violent felony under the ACCA. --- F.3d ---, 2017 WL 2766326 (6th Cir. 2017) (en banc). Plemons’s conviction for that offense therefore was not a  The Honorable Judith E. Levy, United States District Judge for the Eastern District of Michigan, sitting by designation.

United States v. Plemons , No. 15-6076

violent felony under the ACCA. We vacate Plemons’s sentence and remand for proceedings consistent with this opinion.

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Case Details

Case Name: United States v. Dennis Plemons
Court Name: Court of Appeals for the Sixth Circuit
Date Published: Jul 24, 2017
Citation: 693 F. App'x 435
Docket Number: 15-6076
Court Abbreviation: 6th Cir.
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