United States v. Nathaniel Reed

FILED
NOT FOR PUBLICATION JUN 21 2010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. 09-30318
Plaintiff - Appellee, D.C. No. 1:08-cr-00143-RFC
v.
MEMORANDUM *
NATHANIEL JAY REED,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Chief Judge Richard F. Cebull Presiding
**
Submitted May 25, 2010
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Nathaniel Jay Reed appeals from his 151-month sentence of imprisonment
and lifetime term of supervised release for aggravated sexual abuse, in violation of
*
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).
18 U.S.C. § 1153(a); 18 U.S.C. § 2241(a)(1). We have jurisdiction under 28
U.S.C. § 1291, and we vacate and remand for resentencing.
The record indicates that the district court’s imposition of a lifetime term of
supervised release was animated in part by a misreading of the sentencing
Guidelines in the Presentence Investigation Report. See U.S.S.G. § 5D1.2(b)
(policy statement). The Government concedes this procedural error. Though
neither party alerted the district court to this misreading, it affected Reed’s
substantial rights. See United States v. Waknine, 543 F.3d 546, 554-555 (9th Cir.
2008). Accordingly, we remand for resentencing.
VACATED and REMANDED.
2 09-30318