United States of America, Plaintiff-appellee, v. Matthew G. Jackson, Defendant-appellant, 122 F.3d 1075 (9th Cir. 1997)

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U.S. Court of Appeals for the Ninth Circuit - 122 F.3d 1075 (9th Cir. 1997) Submitted Aug. 25, 1997. **Decided Aug. 28, 1997

Appeal from the United States District Court for the Western District of Washington Jack E. Tanner, District Judge, Presiding

Before SCHROEDER, FERNANDEZ and RYMER, Circuit Judges.

MEMORANDUM* 

Matthew G. Jackson appeals the district court's judgment which amended his sentence after he violated the terms of his supervised release. The government agrees the district court erred by imposing an additional two-year term of supervised release to follow the twelve month prison term imposed upon Jackson, and requests that we remand for resentencing. In light of our recent opinion in United States v. Collins, No. 96-30115, slip op. 8061 (9th Cir. July 9, 1997), we affirm the portion of Jackson's sentence that provides for incarceration, reverse the portion that imposes an additional term of supervised release, and remand with instructions to the district court to vacate the supervised release portion of the amended sentence.

AFFIRMED IN PART; REVERSED IN PART; REMANDED WITH INSTRUCTIONS.

 **

The panel unanimously finds this case suitable for decision without oral argument. See 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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