United States v. Donald Russo

8 F.3d 33 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Donald RUSSO, Defendant-Appellant. Nos. 92-50680, 92-50683. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 20, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 In these consolidated cases, Donald Russo appeals the sentences imposed following revocation of his supervised release in criminal docket numbers CR-89-0038-R (conviction for bank robbery in violation of 18 U.S.C. § 2113 (a)) and CR-90-0744-R (conviction for possession of a narcotic drug by a prison inmate in violation of 18 U.S.C. § 1791 (a)(2)). Russo contends that because these offenses were Class C felonies, the district court erred by imposing concurrent prison terms in excess of 24 months following revocation of the terms of supervised release. The government concedes that this is error. We have jurisdiction under 28 U.S.C.…