The opinion of the court was delivered by: The Honorable Manuel L. Real United States District Judge
FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR RESENTENCING AFTER REMAND
Resentencing Hearing Date: 3/15/10
Resentencing Hearing Time: 1:30 pm
Spring Street Courtroom 8
This matter came before the Court for re-sentencing following remand from the Court of Appeals for the Ninth Circuit on the Parties' Joint Motion for Partial Vacatur and Correction of Judgment Revoking Order of Probation and Committing Defendant and Again Placing Defendant on Probation. The parties respectfully request, consistent with the Ninth Circuit's mandate, that the Court should re-sentence defendant to a term of supervised release, rather than probation, following the 90-day term of incarceration.
On April 8, 2008, defendant Tyron Josiah Brown was charged in a single-count indictment with being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1).
On May 19, 2008, defendant pleaded guilty. For this Class C felony, defendant faced a statutory maximum term of imprisonment of 10 years and a statutory maximum term of supervised release of three years. See 18 U.S.C. §§ 924(a)(2) & 3583(b).
On August 12, 2008, the Court sentenced defendant to five years of probation. After defendant had served approximately ten months of his probationary term, the Court revoked defendant's probation on June 8, 2009. The Court sentenced defendant to 90 days of incarceration and ordered that "upon completion of his term of incarceration the defendant is again placed on his original term of probation for the time remaining on the term." June 9, 2009 "Judgment Revoking Order of Probation and Committing Defendant and Again Placing Defendant on Probation."
On June 9, 2009, defendant filed a Notice of Appeal from his sentence. On December 10, 2009, the Court of Appeals for the Ninth Circuit remanded the case to this Court for resentencing for this Court to sentence defendant in accordance with United States v. Garcia Murillo, 548 F.3d 1256 (9th Cir. 2008) and United States v. Forbes, 172 F.3d 675 (9th Cir. 1999). December 10, 2009 Order, No. 09-50301. The appellate court's Mandate issued on January 11, 2010.
Accordingly, the Court makes the following Findings of Fact and Conclusions of Law on Re-Sentencing:
1. The statutory maximum sentence for the underlying offense is 10 years imprisonment, and a three-year ...