Opinion
No. 08-50051.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed August 19, 2008.
Brock H. Lunsford, Michael J. Raphael, Office of the U.S. Attorney, Los Angeles, CA, for Plaintiff-Appellee.
Gia Kim, Federal Public Defender's Office, Los Angeles, CA, for Defendant-Appellant.
Appeal from the United States District Court for the Central District of California, Manuel L. Real, District Judge, Presiding. D.C. No. CR-08-00031-R-1.
Before: CANBY, LEAVY and KLEINFELD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Appellant's unopposed motion for summary reversal and remand is granted. See Fed.R.Crim.P. 11(c)(1)(C); (5). Defendant's sentence is vacated and this matter is remanded to the district court for resentencing.
Appellant's request for reassignment is granted. Upon remand, this matter shall be reassigned to a different district judge.