Elawyers Elawyers
Washington| Change

United States v. Elroy Weaselbear, Sr., 13-30111 (2014)

Court: Court of Appeals for the Ninth Circuit Number: 13-30111 Visitors: 8
Filed: Feb. 26, 2014
Latest Update: Mar. 02, 2020
Summary: FILED NOT FOR PUBLICATION FEB 26 2014 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 13-30111 Plaintiff -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. Elr
More
                                                                           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                            NOT FOR PUBLICATION                             FEB 26 2014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

Source:  CourtListener

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer