United States v. Swenson

SEYMOUR, Circuit Judge.

Kendall R. Swenson appeals the sentence imposed by the district court stemming from his plea of guilty to one count of bank larceny under 18 U.S.C. §§ 2113(b) and 2. 1 Mr. Swenson contends the sentence of twenty-four months in prison on his second revocation of supervised release exceeds the statutory maximum allowed under 18 U.S.C. § 3583(e)(3). In response, the government concedes the point. For the reasons set out below, we reverse the sentence imposed by the district court and remand for resentencing. 2

Mr. Swenson was indicted for bank larceny and aiding and…