United States v. Michael Thomas Colace

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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-Appellant, v. Michael Thomas COLACE, Defendant-Appellee. No. 92-50752. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 2, 1993. Decided Nov. 1, 1993. Before: TANG, CANBY, and BEEZER, Circuit Judges. 1 MEMORANDUM * 2 The United States appeals the district court's decision to suspend imposition of sentence and instead impose a five year term of probation on defendant Michael Colace following his conviction on seven counts of armed bank robbery. Because the sentence is illegal under 18 U.S.C. § 3561 (a)(1), we vacate and remand for resentencing. 3 * This court reviews de novo the legality of the district court's decision to depart from the requirements of 18 U.S.C. § 3561 . Cf. United States v. McConney, 728 F.2d 1195, 1201 (9th Cir.) (en banc), cert. denied, 469 U.S. 824 (1984). 4 Section 3561(a) of 18 U.S.C. provides that: "A defendant who has…