United States v. Bugg , 269 F. App'x 382 ( 2008 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 6, 2008
No. 07-10774 Charles R. Fulbruge III
Summary Calendar Clerk
UNITED STATES OF AMERICA
Plaintiff - Appellee
v.
KENNETH LEE BUGG
Defendant - Appellant
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:99-cr-00079
Before STEWART, OWEN and SOUTHWICK, Circuit Judges.
PER CURIAM:*
Kenneth Lee Bugg appeals his sentence of fourteen months’ imprisonment,
followed by thirty-four months of supervised release, because the period of
supervised release exceeds the maximum permissible term by one day. In its
Unopposed Motion to Modify the Judgment and Dismiss the Appeal, the
government concedes that the district court’s sentence exceeds the maximum
term of supervised release permitted under 18 U.S.C. § 3583(h). The
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 07-10774
government asks that we modify the district court judgment by reducing Bugg’s
supervised release term by one day and then dismiss Bugg’s appeal; Bugg agrees
that such a disposition would satisfactorily resolve his appeal.
Despite the parties’ agreement, we are mindful that determining the
proper sentence for a criminal defendant is a discretionary matter reserved to
the district court. See United States v. Levario-Quiroz, 161 F.3d 903, 908-09 (5th
Cir. 1998). Because the term of supervised release imposed in this case exceeds
the statutory maximum, we VACATE Bugg’s supervised release sentence and
REMAND for re-sentencing in accordance with 18 U.S.C. § 3583(h).
In light of our decision to vacate and remand, the government’s Unopposed
Motion to Modify the Judgment and Dismiss the Appeal is DENIED.
2