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No. 8624862
United States Court of Appeals for the Ninth Circuit
United States v. Smith
No. 8624862 · Decided September 14, 2006
No. 8624862·Ninth Circuit · 2006·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
September 14, 2006
Citation
No. 8624862
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** Larry Dean Smith appeals the sentence of one year and one day of imprisonment and 23 months and 364 days of supervised release imposed following the revocation of his supervised release on a conviction for assault in violation of 18 U.S.C. §§ 113 (a)(6), 1151, and 1153. He correctly contends, and the government concedes, that the district court plainly erred in imposing a sentence that exceeded the three-year statutory maximum set forth in 18 U.S.C. § 3583 (b)(2). We therefore vacate the district court’s judgment and remand for the district court to impose a sentence in compliance with § 3583(b)(2). See United States v. Guzman-Bruno, 27 F.3d 420, 423 (9th Cir.1994). VACATED and REMANDED. This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** Larry Dean Smith appeals the sentence of one year and one day of imprisonment and 23 months and 364 days of supervised release imposed following the revocation of his supervised release on a conviction for assault in violation
Key Points
01MEMORANDUM ** Larry Dean Smith appeals the sentence of one year and one day of imprisonment and 23 months and 364 days of supervised release imposed following the revocation of his supervised release on a conviction for assault in violation
02He correctly contends, and the government concedes, that the district court plainly erred in imposing a sentence that exceeded the three-year statutory maximum set forth in 18 U.S.C.
03We therefore vacate the district court’s judgment and remand for the district court to impose a sentence in compliance with § 3583(b)(2).
04This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.
Frequently Asked Questions
MEMORANDUM ** Larry Dean Smith appeals the sentence of one year and one day of imprisonment and 23 months and 364 days of supervised release imposed following the revocation of his supervised release on a conviction for assault in violation
FlawCheck shows no negative treatment for United States v. Smith in the current circuit citation data.
This case was decided on September 14, 2006.
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