UNITED STATES of America, Plaintiff-Appellee, v. Suzanne FORBES, Defendant-Appellant

NOONAN, Circuit Judge:

Suzanne Forbes appeals the sentence imposed following her plea of guilty to violating 18 U.S.C. § 157. Forbes was sentenced to five years of probation with a special condition of six months imprison ment. Holding that straight prison time and probation are mutually exclusive , by statute, we' vacate the sentence and remand.

FACTS AND PROCEEDINGS .

Forbes was charged with eight counts of bankruptcy fraud, one count of fraudulent, transfer of property in contemplation of bankruptcy, and one count of false statement in relation to a bankruptcy case in connection with her…