Opinion
No. 07-10223.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed November 19, 2007.
Brian L. Sullivan, Esq., Office of the U.S. Attorney, Reno, NV, Robert L. Ellman, Esq., Office of the U.S. Attorney, Las Vegas, NV, for Plaintiff-Appellee.
Michael D. Powell, Esq., Federal Public Defender's Office, Reno, NV, for Defendant-Appellant.
Appeal from the United States District Court for the District of Nevada, Brian E. Sandoval, District Judge, Presiding. D.C. No. CR-06-00148-BES.
Before: McKEOWN, TALLMAN and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
The parties' joint motion for summary reversal and remand is granted, and defendant's sentence is vacated. See United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007) (en banc).
This appeal is remanded to the district court for the purpose of resentencing defendant.