United States v. Green

141 F. App'x 174

Opinion

PER CURIAM:

In this appeal, the parties have filed a joint motion to remand to correct an erroneous sentence. Stephen Green pled guilty to a single count of conspiracy to distribute heroin, in violation of 21 U.S.C. §§ 841, 846 (2000), and was sentenced to fifty months’ imprisonment followed by four years’ supervised release. In January 2005, the district court found Green in violation of the conditions of his supervised release and sentenced him to four years’ imprisonment. Green’s crime of conviction is a Class C felony. See 18 U.S.C. § 3559(a)(3) (2000). A district court may sentence a defendant to no more than two years’ imprisonment on the basis of a revocation proceeding where the underlying conviction is a Class C felony. 18 U.S.C. § 3583(e)(3) (2000). The district court’s imposition of a four year sentence thus exceeds the statutory maximum allowable. Accordingly, we vacate the district court’s order and grant the motion to remand for resentencing. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

VACATED AND REMANDED