United States of America, Plaintiff-appellee, v. James Randy Jackson, Defendant-appellant, 954 F.2d 727 (9th Cir. 1992)

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U.S. Court of Appeals for the Ninth Circuit - 954 F.2d 727 (9th Cir. 1992) Submitted Feb. 7, 1992. *Decided Feb. 12, 1992

Before TANG, KOZINSKI and TROTT, Circuit Judges.

MEMORANDUM^**

As the government concedes, the five-year term of supervised release for count two (unarmed bank robbery) exceeds the statutory maximum. See 18 USC §§ 2113(a), 3559(a) (3) (unarmed bank robbery is Class C felony); 3583(b) (2) (maximum three-year supervised release term for Class C felonies). We therefore vacate this portion of the sentence only, and remand for resentencing the defendant to three years of supervised release under count two.

VACATED in part and REMANDED.

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4

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

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