Opinion
No. 16-50342
08-23-2019
UNITED STATES OF AMERICA, Plaintiff-Appellee, v. SCOTT ALLEN SPERLING, Defendant-Appellant.
NOT FOR PUBLICATION
D.C. No. 2:06-cr-00911-ODW-1 ORDER On Remand from the United States Supreme Court Before: RAWLINSON and N.R. SMITH, Circuit Judges, and KORMAN, District Judge.
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. --------
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).