United States v. Elroy Weaselbear, Sr.

• Court: Court of Appeals for the Ninth Circuit
• Decided: February 26, 2014
• Docket: 13-30111
• Status: Unpublished

Opinion

FILED NOT FOR PUBLICATION FEB 26 2014

MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, No. 13-30111

Plaintiff - Appellee, D.C. No. 1:12-cr-00069-RFC

v. MEMORANDUM* ELROY JAY WEASELBEAR, Sr.,

Defendant - Appellant.

Appeal from the United States District Court for the District of Montana Richard F. Cebull, District Judge, Presiding

Submitted February 18, 2014**

Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.

Elroy Jay Weaselbear, Sr., appeals from the district court’s judgment and

challenges the ten-year term of supervised release imposed following his guilty-

plea conviction for incest, in violation of 18 U.S.C. § 1153(b) and Montana Code

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Annotated § 45-5-507(1). We have jurisdiction under 28 U.S.C. § 1291, and we

vacate and remand.

Weaselbear contends, and the government concedes, that the ten-year term

of supervised release exceeds the statutory maximum. The maximum authorized

term of supervised release for a Class A felony is five years. See 18 U.S.C.

§ 3583(b)(1). Accordingly, we vacate the term of supervised release and remand

to the district court for the limited purpose of setting a new term within the

statutorily permitted range. See United States v. Guzman-Bruno, 27 F.3d 420, 423

(9th Cir. 1994).

VACATED and REMANDED.

2 13-30111