United States v. Harrison Norris, Jr. ( 2009 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
Dec. 18, 2009
No. 08-10238
THOMAS K. KAHN
________________________
CLERK
D. C. Docket No. 05-00479-CR-JTC-1-1
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
HARRISON NORRIS, JR.,
a.k.a. Hardbody Harrison,
Defendant-Appellant.
________________________
Appeal from the United States District Court
for the Northern District of Georgia
_________________________
(December 18, 2009)
Before DUBINA, Chief Judge, BIRCH and BLACK, Circuit Judges.
PER CURIAM:
After having thoroughly reviewed the record and briefs, and having had the
benefit of oral argument in this case, we are of the opinion that Appellant’s
convictions should be affirmed. With regard to the general sentence imposed by
the district court, however, we vacate and remand. A general sentence is per se
illegal when it exceeds the maximum allowable sentence on one of the counts for
which it is imposed. United States v. Woodward, 938 F.2d 1255, 1256 (11th Cir.
1991). That the district court has the authority to impose the same sentence upon
remand does not change our duty to vacate the general sentence and remand so
that the court may impose a legal sentence. See Jones v. United States, 224 F.3d
1251, 1259 (11th Cir. 2000).
AFFIRMED, in part, and VACATED AND REMANDED, in part.
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