United States v. Marcu , 383 F. App'x 697 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 14 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 07-50177
Plaintiff - Appellee, D.C. No. CR-06-00875-MLR
v.
MEMORANDUM *
LEONARD MARCU,
Defendant - Appellant.
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Leonard Marcu appeals from the 110-month sentence imposed following his
guilty-plea conviction for possession of child pornography, in violation of
18 U.S.C. § 2252A(a)(5)(B). We have jurisdiction under 28 U.S.C. § 1291, and we
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
vacate Marcu’s sentence and remand for resentencing.
Marcu contends that the district court plainly procedurally erred by failing
to: (1) announce the correctly calculated Guidelines range; (2) discuss the
18 U.S.C. § 3553(a) sentencing factors; (3) provide an adequate explanation for the
sentence; and (4) allow the government an opportunity to speak, as required by
Fed. R. Crim. P. 32(i)(4)(A)(iii). The record indicates that the district court plainly
erred with regard to these matters. See United States v. Waknine, 543 F.3d 546,
554-55 (9th Cir. 2008). Accordingly, we vacate Marcu’s sentence and remand for
resentencing. See id. at 555.
In light of this disposition, we do not reach Marcu’s remaining contentions
regarding the Special Conditions of his supervised release. However, we
acknowledge, as the government concedes, that one of Marcu’s contentions
appears meritorious. See United States v. Esparza, 552 F.3d 1089, 1091 (9th Cir.
2009) (per curiam).
VACATED and REMANDED.
2 07-50177