U.S. Court of Appeals for the Ninth Circuit, 2013

United States v. Eduardo Moran

United States v. Eduardo Moran
U.S. Court of Appeals for the Ninth Circuit · Decided June 24, 2013 · Tallman, Smith, Hurwitz
531 F. App'x 827

United States v. Eduardo Moran

Opinion

MEMORANDUM **

Eduardo Moran appeals from the district court’s judgment entered following his guilty-plea conviction for conspiracy to distribute methamphetamine, in violation of 21 U.S.C. § 841(a)(1), (b)(l)(A)(vin). We have jurisdiction under 28 U.S.C. § 1291, and we affirm in part, and vacate and remand in part.

Moran contends that the district court plainly erred by ordering him permanently ineligible for all federal benefits. The government agrees and has filed an unopposed motion for remand. The motion for remand is granted. The portion of the district court’s judgment ordering that appellant shall be ineligible for all federal benefits for life is vacated. We remand to the district court for the limited purpose of considering if any lesser ban on receipt of federal benefits should be imposed. See 21 U.S.C. § 862. All other aspects of Moran’s sentence, and his conviction, are affirmed.

AFFIRMED in part; VACATED and REMANDED in part.

**

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

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