United States v. Alphonzo Leon Johnson

LEAVY, Circuit Judge:

Alphonzo Leon Johnson appeals his sentence for being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). We have jurisdiction pursuant to 28 U.S.C. § 1291. We conclude that the district court erred when it included two juvenile sentences in calculating Johnson’s criminal history category, because Johnson was not confined on the juvenile sentences within five years of the commencement of his federal offense. We vacate Johnson’s sentence and remand for resentencing.

BACKGROUND

Johnson entered a plea of guilty to the indictment charging him…