FILED NOT FOR PUBLICATION SEP 22 2011

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 08-30310

Plaintiff - Appellee, D.C. No. 3:02-cr-00014-HRH-1 District of Alaska, v. Anchorage

RODNEY SCOTT, ORDER Defendant - Appellant.

Appeal from the United States District Court for the District of Alaska H. Russel Holland, Senior District Judge, Presiding

Argued and Submitted January 11, 2010 Seattle, Washington Submission Withdrawn October 1, 2010 Resubmitted August 8, 2011

Before: KLEINFELD, TASHIMA, and TALLMAN, Circuit Judges.

In light of the government’s confession of error, its motion for remand to the

district court for further proceedings consistent with Freeman v. United States, 131 S. Ct. 2685 (2011) is GRANTED so that the district court can consider Rodney

Scott’s motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c).

VACATED AND REMANDED.