United States of America v. Rodney Scott

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
RODNEY SCOTT,
Defendant - Appellant.
No. 08-30310
D.C. No. 3:02-cr-00014-HRH-1
District of Alaska,
Anchorage
ORDER
Appeal from the United States District Court
for the District of Alaska
H. Russel Holland, Senior District Judge, Presiding
Argued and Submitted January 11, 2010
Seattle, Washington
Submission Withdrawn October 1, 2010
Resubmitted August 8, 2011
Before: KLEINFELD, TASHIMA, and TALLMAN, Circuit Judges.
In light of the government’s confession of error, its motion for remand to the
district court for further proceedings consistent with Freeman v. United States, 131
S. Ct. 2685 (2011) is GRANTED so that the district court can consider Rodney
Scott’s motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c).
VACATED AND REMANDED.
FILED
SEP 22 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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