Barnes

MEMORANDUM **

Elton Leander Barnes appeals his eighteen-month prison sentence imposed upon revocation of two terms of supervised release. 1 Barnes argues that the district court impermissibly took into account at sentencing “the need for the sentence imposed ... to provide just punishment for the offense.” 18 U.S.C. § 3553 (a)(2)(A). See United States v. Simtob, 485 F.3d 1058, 1062 (9th Cir.2007) (holding that factors listed in § 3553(a)(2)(A) are not proper considerations in sentencing upon revocation of supervised release); see also United States v. Miqbel, 444 F.3d 1173, 1181-83 (9th Cir.2006).

It appears from the court’s comments at sentencing that “a primary basis for [the] sentence was punishment.” Miqbel, 444 F.3d at 1183 . The record at least leaves “the weight that the district court gave ... [to the factors listed in § 3553(a)(2)(A)] unclear.” Simtob, 485 F.3d at 1063 . The district court imposed Barnes’ revocation sentence before our decision in Simtob , and the record does not reflect that the district court considered our decision in Miqbel . We vacate Barnes’ sentence and remand for resentencing “in light of the permissible considerations set forth in Miqbel and…