Syner

MEMORANDUM **

David Syner appeals the district court’s probation revocation order and sentence of six months’ imprisonment followed by a period of 36$ months of supervised release. We have jurisdiction under 18 U.S.C. § 3742 (a), and we affirm the revocation of probation but vacate the term of supervised release and remand for resentencing.

The district court found that Arndt permitted Syner to use his American Express card only upon the condition that Syner had the ability to reimburse Arndt immediately for any charges incurred. The district court also found that Syner knew he could not reimburse Arndt for several of the purchases he made in furtherance of his business venture. These findings are not clearly erroneous. See United States v. Baclaan, 948 F.2d 628, 630 (9th Cir. 1991). Therefore, the district court did not abuse its discretion in revoking Syner’s probation based on his violation of Cal.Penal Code § 484g. See United States v. Shampang, 987 F.2d 1439, 1441 (9th Cir. 1993).

Syner correctly argues that the district court imposed an illegal sentence of 36$ months because the statutory maximum term of supervised release was 36 months. 1 See 18 U.S.C. § 3583 (b). Upon…