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United States of America v. Rodney Scott

September 22, 2011

UNITED STATES OF AMERICA, PLAINTIFF - APPELLEE,
v.
RODNEY SCOTT, DEFENDANT - APPELLANT.



Appeal from the United States District Court for the District of Alaska D.C. No. 3:02-cr-00014-HRH-1 H. Russel Holland, Senior District Judge, Presiding

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

District of Alaska, Anchorage

ORDER

Argued and Submitted January 11, 2010 Seattle, Washington Submission Withdrawn October 1, 2010 Resubmitted August 8, 2011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.

20110922

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