FILED
NOT FOR PUBLICATION APR 28 2011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, No. 10-50239
Plaintiff - Appellee, D.C. No. 3:03-cr-01110-MJL
v.
MEMORANDUM *
ROBERT RICHARD EVANS,
Defendant - Appellant.
Appeal from the United States District Court
for the Southern District of California
M. James Lorenz, District Judge, Presiding
Submitted April 20, 2011 **
Before: RYMER, THOMAS, and PAEZ, Circuit Judges.
Robert Richard Evans appeals from the sentence imposed on re-sentencing.
We have jurisdiction under 28 U.S.C. § 1291, and we affirm.
Evans contends that, because the district court did not orally impose a term
of supervised release at re-sentencing, this court should remand so that the district
*
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).
court can correct the written judgment to exclude supervised release from the
written judgment. The record reflects that the district court did not address at re-
sentencing those portions of the sentence that, like the three-year term of
supervised release, were neither discussed nor disputed by the parties. See United
States vs. W.P.L., No. 10-30202, 2011 Westlaw 855859 at *1 n.1 (9th Cir. March
30, 2011) (explaining that, despite a variation between the oral and written
sentencing pronouncements, there was no direct conflict between the two when
viewed “in context”).
AFFIRMED.
2 10-50239