United States v. Russell B. Simmons, Jr.

Case: 14-11335 Date Filed: 04/24/2017 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-11335
Non-Argument Calendar
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D.C. Docket No. 8:12-cr-00219-JDW-AEP-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
RUSSELL B. SIMMONS, JR.,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(April 24, 2017)
Before HULL, WILSON, and JORDAN, Circuit Judges.
PER CURIAM:
Case: 14-11335 Date Filed: 04/24/2017 Page: 2 of 2
Russell Simmons, Jr. appeals the district court’s imposition of three years of
supervised release for his identity theft conviction (Count 24) under 18 U.S.C.
§ 1028A(a)(1). The government concedes the imposition of a three-year term of
supervised release for that conviction was plain error, see Government’s Br. at 4,
and we agree. Our review of that error, which resulted in a term of supervised
release greater than the one-year statutory maximum for aggravated identify theft,
establishes that reversal is required. See, e.g., United States v. Sanchez, 586 F.3d
918, 930 (11th Cir. 2009) (holding that where a sentence exceeds the statutory
maximum, plain error exists and needs to be corrected because it affects the
defendant’s substantial rights as well as the fairness, integrity, and public
reputation of the judicial proceedings). We therefore vacate the sentence on Count
24 and remand for proceedings consistent with this opinion.
VACATED AND REMANDED AS TO COUNT 24.
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