Alvarado-Maldonado

United States v. Alvarado-Maldonado

Good Law
51 F. App'x 682
United States Court of Appeals for the Ninth CircuitNovember 21, 2002No. 02-50057; D.C. No. CR-93-00738-LEW-1California271 words

Opinion

Lead Opinion

MEMORANDUM **

Rodolfo Alvarado-Maldonado appeals the 21-month sentence and three year term of supervised release imposed following revocation of his term of supervised release. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a). We review de novo, United States v. Gonzalez, 262 F.3d 867, 869 (9th Cir.2001) (per curiam), and we vacate and remand for resentencing.

Alvarado-Maldonado contends that the district court erred by failing to state in *683 open court the reasons for imposing a consecutive sentence. We agree that remand is necessary so that the district court may state the general reasons for the sentence imposed. See 18 U.S.C. § 3553 (c); United States v. Lockard, 910 F.2d 542, 546 (9th Cir.1990). The district court had the discretion to impose a concurrent sentence pursuant to 18 U.S.C. § 3584 notwithstanding the policy statement of U.S.S.G. § 7B1.3. See United States v. Arellano-Torres, 303 F.3d 1173, 1180-81 (9th Cir.2002).

Alvarado-Maldonado also contends, and the government concedes, that the district court erred by imposing a 36-month term of supervised release in addition to his 21-month term of imprisonment. Because the term of…

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