United States v. Santiago-Reyes

LYNCH, Circuit Judge.

Rafael Santiago-Reyes appeals from the reduced sentence he received after a limited remand for resentencing. He argues that the district court should have dismissed his 18 U.S.C. § 924(c) count in light of Johnson v. United States, — U.S.-, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015). We disagree. Santiago-Reyes had a pending 18 U.S.C. § 2255 motion to vacate his sentence, based on the same Johnson grounds, which the court said it would entertain in a separate hearing. His motion to dismiss was (1) premature, and (2) barred by the mandate rule. Accordingly, we affirm…