United States of America v. ELROY JAY WEASELBEAR, Sr.

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
ELROY JAY WEASELBEAR, Sr.,
Defendant - Appellant.
No. 13-30111
D.C. No. 1:12-cr-00069-RFC
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Richard F. Cebull, District Judge, Presiding
Submitted February 18, 2014**
Before: ALARCÓN, O’SCANNLAIN, and FERNANDEZ, Circuit Judges.
Elroy Jay Weaselbear, Sr., appeals from the district court’s judgment and
challenges the ten-year term of supervised release imposed following his guilty-
plea conviction for incest, in violation of 18 U.S.C. § 1153(b) and Montana Code
FILED
FEB 26 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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Annotated § 45-5-507(1). We have jurisdiction under 28 U.S.C. § 1291, and we
vacate and remand.
Weaselbear contends, and the government concedes, that the ten-year term
of supervised release exceeds the statutory maximum. The maximum authorized
term of supervised release for a Class A felony is five years. See 18 U.S.C.
§ 3583(b)(1). Accordingly, we vacate the term of supervised release and remand
to the district court for the limited purpose of setting a new term within the
statutorily permitted range. See United States v. Guzman-Bruno, 27 F.3d 420, 423
(9th Cir. 1994).
VACATED and REMANDED.
13-30111 2

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