USA v. Jose Garay-Acevedo


UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

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