USA v. Jose Garay-Acevedo

Filing

UNPUBLISHED OPINION FILED. [13-41072 Affirmed and Remanded] Judge: JLW , Judge: PRO , Judge: CH. Mandate pull date is 07/09/2014 for Appellant Jose Martin Garay-Acevedo [13-41072]

Case: 13-41072

Document: 00512668977

Page: 1

Date Filed: 06/18/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-41072
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 18, 2014

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JOSE MARTIN GARAY-ACEVEDO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:13-CR-485-1
Before WIENER, OWEN, and HAYNES, Circuit Judges.
PER CURIAM: *
Jose Martin Garay-Acevedo pleaded guilty to one count of attempted
illegal reentry after a previous deportation and received a within-guidelines
sentence of 24 months in prison. On appeal, Garay-Acevedo argues only that
the written judgment incorrectly states that his offense of conviction is illegal
reentry rather than attempted illegal reentry. He requests a remand to correct
the judgment. The conviction and sentence imposed by the district court are

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
*

Case: 13-41072

Document: 00512668977

Page: 2

Date Filed: 06/18/2014

No. 13-41072
AFFIRMED.

However, we REMAND to the district court for the limited

purpose of correcting the judgment to reflect the correct offense of conviction.

2