United States v. Barnes
Opinion of the Court
MEMORANDUM
Elton Leander Barnes appeals his eighteen-month prison sentence imposed upon revocation of two terms of supervised release.
It appears from the court’s comments at sentencing that “a primary basis for [the] sentence was punishment.” Miqbel, 444 F.3d at 1183. The record at least leaves “the weight that the district court gave ... [to the factors listed in § 3553(a)(2)(A)] unclear.” Simtob, 485 F.3d at 1063. The district court imposed Barnes’ revocation sentence before our decision in Simtob, and the record does not reflect that the district court considered our decision in Miqbel. We vacate Barnes’ sentence and remand for resentencing “in light of the permissible considerations set forth in Miqbel and clarified [in Simtob ].” Id. at 1064.
On remand, the district court should consider Barnes’ argument that a sentence of more than one year is unreasonable, given (a) that his grade C violations related primarily to Count 1 of his conviction, and (b) that the maximum sentence for revocation of supervised release on Count 1 was one year. See 18 U.S.C. § 3583(e)(3) (providing maximum prison sentence of one year upon revocation of supervised release where “offense that resulted in the term of supervised release” is a class E felony).
VACATED and REMANDED for re-sentencing.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
. We have jurisdiction to review Barnes' sentence pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a)(1).
Reference
- Full Case Name
- UNITED STATES of America, Plaintiff—Appellee v. Elton Leander BARNES, Jr., Defendant—Appellant
- Status
- Published