*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.
—2—
