United States of America v. Jefferson Ray Morgan, Jr.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
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NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JEFFERSON RAY MORGAN, JR.,
Defendant - Appellant.
No. 12-10303
D.C. No. 3:04-cr-00554-SMM-1
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, Senior District Judge, Presiding
Argued and Submitted June 12, 2013
San Francisco, California
FILED
JUN 25 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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** The Honorable James K. Singleton, Senior United States District
Judge for the District of Alaska, sitting by designation.
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Before: O’SCANNLAIN and HURWITZ, Circuit Judges, and SINGLETON,
District Judge.**
This Court accepts the government’s concession that, in the interests of
justice, Morgan’s sentence should be vacated, see United States v. Jones, 696 F.3d
932, 937-38 (9th Cir. 2012) (discussing resolving a possible conflict between a
sentence orally pronounced and the sentence contained in a subsequent written
judgment), and that this case should be remanded for resentencing on an open
record, see United States v. Matthews, 278 F.3d 880, 885 (9th Cir. 2002) (en banc).
At oral argument Morgan did not object to this suggested resolution of his appeal.
Vacated and Remanded.
IT IS SO ORDERED.

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