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No. 8628652
United States Court of Appeals for the Ninth Circuit
United States v. Bear
No. 8628652 · Decided February 23, 2007
No. 8628652·Ninth Circuit · 2007·
FlawFinder last updated this page Apr. 2, 2026
Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 23, 2007
Citation
No. 8628652
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Wallace John Bear appeals from the district court’s judgment imposing a 24-month sentence following revocation of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we vacate and remand. The record indicates and the government concedes that the district court incorrectly applied the United States Sentencing Guidelines. The correct Guidelines range for a defendant with a criminal history category of IV and Grade C violations of supervised release is six to twelve months, not eighteen to twenty-four months as stated by the district court. Accordingly, we vacate and remand for resentencing. See United States v. Cantrell, 433 F.3d 1269, 1280 (9th Cir.2006). Having determined that the sentence must be vacated because the Guidelines calculation was incorrect, we decline to address the other contention^) raised by Bear on appeal. VACATED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Wallace John Bear appeals from the district court’s judgment imposing a 24-month sentence following revocation of supervised release.
Key Points
01MEMORANDUM ** Wallace John Bear appeals from the district court’s judgment imposing a 24-month sentence following revocation of supervised release.
02The record indicates and the government concedes that the district court incorrectly applied the United States Sentencing Guidelines.
03The correct Guidelines range for a defendant with a criminal history category of IV and Grade C violations of supervised release is six to twelve months, not eighteen to twenty-four months as stated by the district court.
04Having determined that the sentence must be vacated because the Guidelines calculation was incorrect, we decline to address the other contention^) raised by Bear on appeal.
Frequently Asked Questions
MEMORANDUM ** Wallace John Bear appeals from the district court’s judgment imposing a 24-month sentence following revocation of supervised release.
FlawCheck shows no negative treatment for United States v. Bear in the current circuit citation data.
This case was decided on February 23, 2007.
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