FILED
NOT FOR PUBLICATION DEC 30 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 13-10086
Plaintiff - Appellee, D.C. No. 2:05-cr-00104-RCJ
v.
MEMORANDUM*
LEAJON RAYMOND ISAACS,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
Robert Clive Jones, Chief Judge, Presiding
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Leajon Raymond Isaacs appeals from the district court’s judgment and
challenges the 36-month sentence and lifetime term of supervised release imposed
upon revocation of supervised release. We have jurisdiction under 28 U.S.C.
§ 1291, and we vacate the sentence 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).
Isaacs contends that the district court violated his due process rights by
basing the sentence, at least in part, on unproven allegations in the revocation
petition to which Isaacs did not admit. We vacate and remand for resentencing
because it is not clear from the record the extent to which the district court’s
sentence was demonstrably based upon the unproven state and federal law
violations, as opposed to the three admitted drug violations. See United States v.
Vanderwerfhorst, 576 F.3d 929, 935-36 (9th Cir. 2009) (to establish due process
violation at sentencing, defendant must show that his sentence was “demonstrably”
based on information that lacked “some minimal indicium of reliability beyond
mere allegation”) (internal quotation marks omitted).
VACATED and REMANDED.
2 13-10086