NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FILED
FOR THE NINTH CIRCUIT
AUG 23 2019
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
UNITED STATES OF AMERICA, No. 16-50342
Plaintiff-Appellee, D.C. No.
2:06-cr-00911-ODW-1
v.
SCOTT ALLEN SPERLING,
ORDER*
Defendant-Appellant.
On Remand from the United States Supreme Court
Before: RAWLINSON and N.R. SMITH, Circuit Judges, and KORMAN,**
District Judge.
The Joint Motion for Vacatur and Remand is GRANTED. Defendant’s
sentence is vacated and this case is remanded for a new sentencing hearing to
impose a sentence of no greater than two years, pursuant to 18 U.S.C. § 3583(e)(3).
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The Honorable Edward R. Korman, United States District Judge for
the Eastern District of New York, sitting by designation.