Broussard

MEMORANDUM *

Deante Broussard appeals the district court’s sentence of two years imprisonment, followed by three years of supervised release, arising from his violation of the conditions of his previous supervised release term. We affirm the two year term of imprisonment, but remand for re-sentencing on the term of supervised release.

Broussard first contends that the district court erred by classifying a prior *711 criminal contempt conviction under 18 U.S.C. § 401 (3) as a Class A felony, rather than as a Class E felony. The government concedes that the contempt conviction should not have been classified as a Class A felony, but contends on appeal that it should be considered a Class D felony. United States v. Carpenter, 91 F.3d 1282 (9th Cir.1996), instructs that “criminal contempt should be classified for sentencing purposes according to the applicable Guidelines range for the most nearly analogous offense.” Id. at 1285 . Carpenter also gives deference to the “district judge’s discretion” in classifying the contempt conviction. Id. We therefore remand for the district judge to determine, in the first instance, whether Broussard’s prior contempt conviction should be…