United States v. Scott Sperling

Opinion

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT

AUG 23 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

UNITED STATES OF AMERICA, No. 16-50342

Plaintiff-Appellee, D.C. No.

2:06-cr-00911-ODW-1

v.

SCOTT ALLEN SPERLING, ORDER*

Defendant-Appellant.

On Remand from the United States Supreme Court

Before: RAWLINSON and N.R. SMITH, Circuit Judges, and KORMAN,** District Judge.

The Joint Motion for Vacatur and Remand is GRANTED. Defendant’s

sentence is vacated and this case is remanded for a new sentencing hearing to

impose a sentence of no greater than two years, pursuant to 18 U.S.C. § 3583(e)(3).

*

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

** The Honorable Edward R. Korman, United States District Judge for the Eastern District of New York, sitting by designation.