United States v. Alvarado-Maldonado
United States v. Alvarado-Maldonado
Opinion of the Court
MEMORANDUM
Rodolfo Alvarado-Maldonado appeals the 21-month sentence and three year term of supervised release imposed following revocation of his term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We review de novo, United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir. 2001) (per curiam), and we vacate and remand for resentencing.
Alvarado-Maldonado contends that the district court erred by failing to state in
Alvarado-Maldonado also contends, and the government concedes, that the district court erred by imposing a 36-month term of supervised release in addition to his 21-month term of imprisonment. Because the term of imprisonment coupled with the new term of supervised release cannot exceed the original term of supervised release, the maximum term of supervised release Alvarado-Maldonado could receive is 15 months. See 18 U.S.C. § 3583(h); Johnson v. United States, 529 U.S. 694, 705-13, 120 S.Ct. 1795, 146 L.Ed.2d 727 (2000).
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 Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- United States v. Rodolfo ALVARADO-MALDONADO, aka Salvador Gonzalez-Garcia
- Status
- Published