United States v. Solomon Bitton Simtob, United States of America v. Solomon Bitton Simtob, AKA Simon Simtob

Appellant Solomon Bitton Simtob raises three issues in this consolidated appeal from the district court’s sentence following revocation of his supervised release and from his conviction and sentence. We first address whether, in light of United States v. Miqbel, 444 F.3d 1173 (9th Cir.2006), the sentence imposed following revocation of Simtob’s supervised release was reasonable. We next address whether the district court abused its discretion when it failed to conduct an inquiry of a juror concerning a complaint that Simtob was “eye-balling” the juror and that the juror felt “threatened.” Finally, Simtob challenges the reasonableness of the sentence imposed for his conviction.

Because the district court rendered the decision to revoke Simtob’s supervised release without the benefit of Miqbel , we vacate the revocation sentence and remand for reconsideration in light of our directives set forth in Miqbel and clarified herein. We also vacate Simtob’s conviction and remand for the district court to determine whether Simtob’s alleged misconduct toward the juror resulted in a biased jury. Because we vacate Simtob’s conviction, we also vacate Simtob’s sentence for that conviction,…