District Court, E.D. California February 2, 2016, CR. NO. 2:99-00433 WBS (United States v. Thongsouk Theng Lattanaphom)

*1159MEMORANDUM AND ORDER RE: DEFENDANTS’ MOTION TO DISMISS COUNTS TWO, THREE, FIVE. SEVEN, AND NINE

WILLIAM B. SHUBB, UNITED STATES DISTRICT JUDGE

Defendant Thongsouk Theng “Kevin” Lattanaphom moves to dismiss counts two, three, seven, and nine of the Indictment in this action pursuant to a recent Supreme Court decision, Johnson v. United States, — U.S. -, 135 S.Ct. 2551, 192 L.Ed.2d 569 (2015).