United States v. Mark Wesley Johnson,defendant-Appellant

*1131Opinion by Judge FERGUSON; Partial Concurrence and Partial Dissent by Judge TASHIMA.

FERGUSON, Circuit Judge:

Mark Johnson was sentenced to a term of 71 months pursuant to a guilty plea for possession of a firearm by a prohibited person in violation of • 18 U.S.C. § 922(g)(9). On appeal, we vacate his sentence and remand for re-sentencing before a different district court judge.

I. BACKGROUND

On March 20,1997, Kelly Johnson, Mark Johnson’s wife, came home from work and parked her car in the driveway of the couple’s apartment complex. Because her husband had called her earlier in the day accusing…