FILED
NOT FOR PUBLICATION APR 11 2011
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. 10-10161 & 10-10163
Plaintiff - Appellee, D.C. Nos. 2:08-cr-50102-GMS
3:99-cr-00146-GMS
v.
MEMORANDUM *
CHRISTOPHER LEE MANN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
G. Murray Snow, District Judge, Presiding
Submitted April 5, 2011 **
Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges.
In these consolidated appeals, Christopher Lee Mann appeals from the
consecutive 44-month and 24-month sentences imposed following the revocation
of supervised release. We have jurisdiction under 28 U.S.C. § 1291, and we vacate
and remand for resentencing.
*
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).
Mann contends that the district court procedurally erred by relying on factors
excluded from 18 U.S.C. § 3583(e). It is unclear from the record whether those
factors served as the primary basis for the sentences imposed. See United States v.
Miqbel, 444 F.3d 1173, 1182 (9th Cir. 2006); see also United States v. Simtob, 485
F.3d 1058, 1062 (9th Cir. 2007). Accordingly, we vacate and remand for
resentencing.
In light of this disposition, we decline to reach Mann’s other arguments.
VACATED; REMANDED for resentencing.
2 10-10161, 10-10163