United States v. Grady Mays
Opinion
Opinion
MEMORANDUM
In these consolidated appeals, Grady Ewing Mays appeals from the district court’s judgment revoking supervised release and the 120-month sentence imposed following his guilty-plea conviction for failure to register as a sex offender, in violation of 18 U.S.C. § 2250 . We have jurisdiction under 28 U.S.C. § 1291 . In Appeal No. 12-30224, we vacate the district court’s judgment. In Appeal No. 12-30349, we vacate Mays’s sentence and remand for resentencing.
The parties agree that the district court lacked jurisdiction to reinstate Mays’s supervised release term in 2011. The parties further agree that the court was therefore without authority to revoke Mays’s supervised release, and that Mays was not under a criminal justice sentence when he failed to register as a sex offender. We accordingly vacate the judgment revoking Mays’s supervised release. We also vacate the sentence imposed upon Mays’s conviction for failure to register and remand for resentencing. Upon remand, the district court shall recalculate the Guidelines range without assessing Mays two points under U.S.S.G. § 4Al.l(d).
In light of our decision, we decline to reach Mays’s other arguments.