USA v. Russell Simmons, Jr.


Opinion issued by court as to Appellant Russell B. Simmons, Jr.. Decision: Vacated and Remanded. Opinion type: Non-Published. Opinion method: Per Curiam. The opinion is also available through the Court's Opinions page at this link

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Case: 14-11335 Date Filed: 04/24/2017 Page: 1 of 2 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 14-11335 Non-Argument Calendar ________________________ D.C. Docket No. 8:12-cr-00219-JDW-AEP-1 UNITED STATES OF AMERICA, Plaintiff - Appellee, versus RUSSELL B. SIMMONS, JR., Defendant - Appellant. ________________________ Appeal from the United States District Court for the Middle District of Florida ________________________ (April 24, 2017) Before HULL, WILSON, and JORDAN, Circuit Judges. PER CURIAM: Case: 14-11335 Date Filed: 04/24/2017 Page: 2 of 2 Russell Simmons, Jr. appeals the district court’s imposition of three years of supervised release for his identity theft conviction (Count 24) under 18 U.S.C. § 1028A(a)(1). The government concedes the imposition of a three-year term of supervised release for that conviction was plain error, see Government’s Br. at 4, and we agree. Our review of that error, which resulted in a term of supervised release greater than the one-year statutory maximum for aggravated identify theft, establishes that reversal is required. See, e.g., United States v. Sanchez, 586 F.3d 918, 930 (11th Cir. 2009) (holding that where a sentence exceeds the statutory maximum, plain error exists and needs to be corrected because it affects the defendant’s substantial rights as well as the fairness, integrity, and public reputation of the judicial proceedings). We therefore vacate the sentence on Count 24 and remand for proceedings consistent with this opinion. VACATED AND REMANDED AS TO COUNT 24. 2

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