Opinion
No. 12-10303 D.C. No. 3:04-cr-00554-SMM-1
06-25-2013
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JEFFERSON RAY MORGAN, JR., Defendant - Appellant.
NOT FOR PUBLICATION
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, Senior District Judge, Presiding
Argued and Submitted June 12, 2013
San Francisco, California
Before: O'SCANNLAIN and HURWITZ, Circuit Judges, and SINGLETON, District Judge.
The Honorable James K. Singleton, Senior United States District Judge for the District of Alaska, sitting by designation.
--------
This Court accepts the government's concession that, in the interests of justice, Morgan's sentence should be vacated, see United States v. Jones, 696 F.3d 932, 937-38 (9th Cir. 2012) (discussing resolving a possible conflict between a sentence orally pronounced and the sentence contained in a subsequent written judgment), and that this case should be remanded for resentencing on an open record, see United States v. Matthews, 278 F.3d 880, 885 (9th Cir. 2002) (en banc). At oral argument Morgan did not object to this suggested resolution of his appeal.
Vacated and Remanded.
IT IS SO ORDERED.