U.S. Court of Appeals for the Ninth Circuit, 2010

United States v. Nathaniel Reed

United States v. Nathaniel Reed
U.S. Court of Appeals for the Ninth Circuit · Decided June 21, 2010 · Canby, Thomas, Fletcher
384 F. App'x 689

United States v. Nathaniel Reed

Opinion

MEMORANDUM **

Nathaniel Jay Reed appeals from his 151-month sentence of imprisonment and *690 lifetime term of supervised release for aggravated sexual abuse, in violation of 18 U.S.C. § 1153(a); 18 U.S.C. § 2241(a)(1). We have jurisdiction under 28 U.S.C. § 1291, and we vacate and remand for resentencing.

The record indicates that the district court’s imposition of a lifetime term of supervised release was animated in part by a misreading of the sentencing Guidelines in the Presentence Investigation Report. See U.S.S.G. § 501.2(b) (policy statement). The Government concedes this procedural error. Though neither party alerted the district court to this misreading, it affected Reed’s substantial rights. See United States v. Waknine, 543 F.3d 546, 554-555 (9th Cir. 2008). Accordingly, we remand for resentencing.

VACATED and REMANDED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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