FILED
NOT FOR PUBLICATION JUN 25 2013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, No. 12-10303
Plaintiff - Appellee, D.C. No. 3:04-cr-00554-SMM-1
v.
MEMORANDUM *
JEFFERSON RAY MORGAN, JR.,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Arizona
Stephen M. McNamee, Senior District Judge, Presiding
Argued and Submitted June 12, 2013
San Francisco, California
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
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Before: O’SCANNLAIN and HURWITZ, Circuit Judges, and SINGLETON,
District Judge.**
This Court accepts the government’s concession that, in the interests of
justice, Morgan’s sentence should be vacated, see United States v. Jones, 696 F.3d
932, 937-38 (9th Cir. 2012) (discussing resolving a possible conflict between a
sentence orally pronounced and the sentence contained in a subsequent written
judgment), and that this case should be remanded for resentencing on an open
record, see United States v. Matthews, 278 F.3d 880, 885 (9th Cir. 2002) (en banc).
At oral argument Morgan did not object to this suggested resolution of his appeal.
Vacated and Remanded.
IT IS SO ORDERED.
** The Honorable James K. Singleton, Senior United States District
Judge for the District of Alaska, sitting by designation.
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