USA v. Santiago Jonguitud-Oviedo

Filing

UNPUBLISHED OPINION FILED. [14-40575 Affirmed/Remanded ] Judge: WED , Judge: EBC , Judge: GJC Mandate pull date is 03/16/2015 for Appellant Santiago Jonguitud-Oviedo [14-40575]

Case: 14-40575

Document: 00512944411

Page: 1

Date Filed: 02/23/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40575
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
February 23, 2015
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
SANTIAGO JONGUITUD-OVIEDO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-51
Before DAVIS, CLEMENT and COSTA, Circuit Judges.
PER CURIAM: *

Santiago Jonguitud-Oviedo pleaded guilty to being found unlawfully
present in the United States following removal; he received a within-guidelines
sentence of 46 months of imprisonment.
The parties agree that, because Jonguitud-Oviedo was sentenced to
deferred adjudication for a prior aggravated assault with a deadly weapon
conviction, he was not convicted of an aggravated felony and, thus, the

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40575

Document: 00512944411

Page: 2

Date Filed: 02/23/2015

No. 14-40575
judgment improperly reflects that he was convicted and sentenced under
8 U.S.C. § 1326(b)(2). See United States v. Mondragon-Santiago, 564 F.3d 357,
368 (5th Cir. 2009). Because Jonguitud-Oviedo’s offense was a § 1326(b)(1)
violation rather than a § 1326(b)(2) violation, we REMAND for the limited
purpose of reforming the judgment to reflect the proper statute of conviction.
See 28 U.S.C. § 2106. In all other respects, the judgment is AFFIRMED.

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