United States v. Clairen M. Paine

51 F.3d 283 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Clairen M. PAINE, Defendant-Appellant. No. 94-10231. United States Court of Appeals, Ninth Circuit. Submitted March 7, 1995. * Decided March 10, 1995. Before: SNEED, POOLE, and BRUNETTI, Circuit Judges. 1 MEMORANDUM ** 2 Clairen M. Paine appeals the sentence imposed following revocation of his probation and supervised release. Paine claims the district court breached his plea agreement by sentencing him to additional time in prison after he violated the conditions of his release. The government agrees. We have jurisdiction under 28 U.S.C. Sec. 1291 , and we vacate and remand this case for resentencing. 3 When imposition of sentence has been suspended and probation has been revoked, a case reverts to its status at the time probation was granted, United States v. Norgaard, 959 F.2d 136, 138 (9th Cir.1992), and a court may impose only the sentence it originally might…