Lewis

United States v. Lewis

Good Law
234 F. App'x 757
United States Court of Appeals for the Ninth CircuitJuly 11, 2007No. 06-50335California268 words

Opinion

Lead Opinion

MEMORANDUM **

James Paul Lewis, Jr. appeals his sentence following his convictions for mail fraud, 18 U.S.C. § 1341 , and money laundering, id. § 1957. Because the facts are known to the parties, we do not review them here.

The district court sentenced Lewis to thirty years on the mail fraud count and ten years on the money laundering count, with the terms to run concurrently. As the government concedes, Lewis’s thirty-year sentence on the mail fraud count exceeds the statutory maximum for that count. See 18 U.S.C. § 1341 (providing for a maximum of twenty years unless the fraud “affects a financial institution,” a circumstance not alleged in this case). The sentence’s illegality requires a remand for resentencing. 18 U.S.C. § 3742 (f)(1); United States v. Joetzki, 952 F.2d 1090, 1097-98 (9th Cir.1991).

Because Lewis’s sentence must be vacated on this ground, we do not reach Lewis’s other claims of error. On resentencing, the district court shall consider all the sentencing factors contained in 18 U.S.C. § 3553 (a). If the district court chooses to impose a sentence in excess of the applicable Guidelines range, then it must set forth enough of its reasoning “to satisfy the…

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