FILED
NOT FOR PUBLICATION OCT 02 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, Nos. 12-30224
12-30349
Plaintiff - Appellee,
D.C. Nos. 1:03-cr-00016-JDS
v. 1:12-cr-00001-RFC
GRADY EWING MAYS, MEMORANDUM *
Defendant - Appellant.
Appeal from the United States District Court
for the District of Montana
Jack D. Shanstrom, District Judge, Presiding
Richard F. Cebull, District Judge, Presiding
Submitted September 24, 2013 **
Before: RAWLINSON, N.R. SMITH, and CHRISTEN, Circuit Judges.
In these consolidated appeals, Grady Ewing Mays appeals from the district
court’s judgment revoking supervised release and the 120-month sentence imposed
following his guilty-plea conviction for failure to register as a sex offender, in
*
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).
violation of 18 U.S.C. § 2250. We have jurisdiction under 28 U.S.C. § 1291. In
Appeal No. 12-30224, we vacate the district court’s judgment. In Appeal No.
12-30349, we vacate Mays’s sentence and remand for resentencing.
The parties agree that the district court lacked jurisdiction to reinstate
Mays’s supervised release term in 2011. The parties further agree that the court
was therefore without authority to revoke Mays’s supervised release, and that
Mays was not under a criminal justice sentence when he failed to register as a sex
offender. We accordingly vacate the judgment revoking Mays’s supervised
release. We also vacate the sentence imposed upon Mays’s conviction for failure
to register and remand for resentencing. Upon remand, the district court shall
recalculate the Guidelines range without assessing Mays two points under U.S.S.G.
§ 4A1.1(d).
In light of our decision, we decline to reach Mays’s other arguments.
Appeal No. 12-30224 VACATED.
Appeal No. 12-30349 VACATED and REMANDED for resentencing.
2 12-30224 & 12-30349