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