USA V. SCOTT SPERLING, No. 16-50342 (9th Cir. 2019)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on October 17, 2017.
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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT AUG 23 2019 MOLLY C. DWYER, CLERK UNITED STATES OF AMERICA, Plaintiff-Appellee, No. 16-50342 U.S. COURT OF APPEALS D.C. No. 2:06-cr-00911-ODW-1 v. SCOTT ALLEN SPERLING, ORDER* Defendant-Appellant. On Remand from the United States Supreme Court Before: RAWLINSON and N.R. SMITH, Circuit Judges, and KORMAN,** District Judge. The Joint Motion for Vacatur and Remand is GRANTED. Defendant’s sentence is vacated and this case is remanded for a new sentencing hearing to impose a sentence of no greater than two years, pursuant to 18 U.S.C. § 3583(e)(3). * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation.
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