USA v. Dennis Plemon

Filing

OPINION filed: We VACATE Plemons s sentence and REMAND for proceedings consistent with this opinion, decision not for publication. Alice M. Batchelder, Circuit Judge, Raymond M. Kethledge (authoring), Circuit Judge, and Judith E. Levy (for the Eastern District of Michigan, sitting by designation).

Case: 15-6076

Document: 43-2

Filed: 07/24/2017

Page: 1

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 17a0432n.06
No. 15-6076
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
DENNIS DEWAYNE PLEMONS
Defendant-Appellant.

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FILED
Jul 24, 2017
DEBORAH S. HUNT, Clerk

ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE EASTERN
DISTRICT OF TENNESSEE

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.

Case: 15-6076

Document: 43-2

Filed: 07/24/2017

Page: 2

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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