UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 05-4125
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
STEPHEN GREEN,
Defendant - Appellant.
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Robert E. Payne, District
Judge. (CR-03-80)
Submitted: July 29, 2005 Decided: August 17, 2005
Before MICHAEL and MOTZ, Circuit Judges, and HAMILTON, Senior
Circuit Judge.
Vacated and remanded by unpublished per curiam opinion.
Frank W. Dunham, Jr., Federal Public Defender, Charles D. Lewis,
Assistant Federal Public Defender, Richmond, Virginia, for
Appellant. Angela Mastandrea-Miller, OFFICE OF THE UNITED STATES
ATTORNEY, Richmond, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
See Local Rule 36(c).
PER CURIAM:
In this appeal, the parties have filed a joint motion to
remand to correct an erroneous sentence. Stephen Green pled guilty
to a single count of conspiracy to distribute heroin, in violation
of 21 U.S.C. §§ 841, 846 (2000), and was sentenced to fifty months’
imprisonment followed by four years’ supervised release. In
January 2005, the district court found Green in violation of the
conditions of his supervised release and sentenced him to four
years’ imprisonment. Green’s crime of conviction is a Class C
felony. See 18 U.S.C. § 3559(a)(3) (2000). A district court may
sentence a defendant to no more than two years’ imprisonment on the
basis of a revocation proceeding where the underlying conviction is
a Class C felony. 18 U.S.C. § 3583(e)(3) (2000). The district
court’s imposition of a four year sentence thus exceeds the
statutory maximum allowable. Accordingly, we vacate the district
court’s order and grant the motion to remand for resentencing. We
dispense with oral argument because the facts and legal contentions
are adequately presented in the materials before the court and
argument would not aid the decisional process.
VACATED AND REMANDED
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