United States v. Rodney Scott ( 2011 )

FILED
NOT FOR PUBLICATION SEP 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA, No. 08-30310
Plaintiff - Appellee, D.C. No. 3:02-cr-00014-HRH-1
District of Alaska,
v. Anchorage
RODNEY SCOTT,
ORDER
Defendant - Appellant.
Appeal from the United States District Court
for the District of Alaska
H. Russel Holland, Senior District Judge, Presiding
Argued and Submitted January 11, 2010
Seattle, Washington
Submission Withdrawn October 1, 2010
Resubmitted August 8, 2011
Before: KLEINFELD, TASHIMA, and TALLMAN, Circuit Judges.
In light of the government’s confession of error, its motion for remand to the
district court for further proceedings consistent with Freeman v. United States, 131
S. Ct. 2685 (2011) is GRANTED so that the district court can consider Rodney
Scott’s motion for reduction of sentence pursuant to 18 U.S.C. § 3582(c).
VACATED AND REMANDED.