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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
v.
SCOTT ALLEN SPERLING,
Defendant-Appellant.
No. 16-50342
D.C. No.
2:06-cr-00911-ODW-1
ORDER*
On Remand from the United States Supreme Court
Before: RAWLINSON and N.R. SMITH, Circuit Judges, and KORMAN,**
District Judge.
The Joint Motion for Vacatur and Remand is GRANTED. Defendant’s
sentence is vacated and this case is remanded for a new sentencing hearing to
impose a sentence of no greater than two years, pursuant to 18 U.S.C. § 3583(e)(3).
FILED
AUG 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Edward R. Korman, United States District Judge for
the Eastern District of New York, sitting by designation.
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