United States v. Eduardo Moran , 531 F. App'x 827 ( 2013 )

FILED
NOT FOR PUBLICATION JUN 24 2013
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. 11-10500
Plaintiff - Appellee, D.C. No. 2:10-cr-00575-JCM
v.
MEMORANDUM *
EDUARDO MORAN,
Defendant - Appellant.
Appeal from the United States District Court
for the District of Nevada
James C. Mahan, District Judge, Presiding
Submitted June 18, 2013 **
Before: TALLMAN, M. SMITH, and HURWITZ, Circuit Judges.
Eduardo Moran appeals from the district court’s judgment entered following
his guilty-plea conviction for conspiracy to distribute methamphetamine, in
violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii). We have jurisdiction under 28
U.S.C. § 1291, and we affirm in part, and vacate and remand in part.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Moran contends that the district court plainly erred by ordering him
permanently ineligible for all federal benefits. The government agrees and has
filed an unopposed motion for remand. The motion for remand is granted. The
portion of the district court’s judgment ordering that appellant shall be ineligible
for all federal benefits for life is vacated. We remand to the district court for the
limited purpose of considering if any lesser ban on receipt of federal benefits
should be imposed. See 21 U.S.C. § 862. All other aspects of Moran’s sentence,
and his conviction, are affirmed.
AFFIRMED in part; VACATED and REMANDED in part.
2 11-10500