USA v. Jorge Medina-Villarreal

Filing

UNPUBLISHED OPINION FILED. [14-40909 Affirmed and Remanded] Judge: TMR , Judge: JLD , Judge: LHS. Mandate pull date is 07/15/2015 for Appellant Jorge Ivan Medina-Villarreal [14-40909]

Case: 14-40909

Document: 00513092373

Page: 1

Date Filed: 06/24/2015

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40909
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
June 24, 2015

UNITED STATES OF AMERICA,
Plaintiff-Appellee

Lyle W. Cayce
Clerk

v.
JORGE IVAN MEDINA-VILLARREAL,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:14-CR-319-1
Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
Jorge Ivan Medina-Villarreal pleaded guilty to being found unlawfully
present in the United States following removal. He was sentenced at the top
of the recommended sentencing guidelines range to 71 months of
imprisonment and a three-year term of supervised release. The parties agree
that the judgment of conviction, which states that Medina-Villarreal’s prior
removal was subsequent to a conviction for an aggravated felony, improperly

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40909

Document: 00513092373

Page: 2

Date Filed: 06/24/2015

No. 14-40909
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 Medina-Villarreal’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, § 1326(b)(1), and to state
that his prior removal was subsequent to a felony conviction. See 28 U.S.C.
§ 2106. In all other respects, the judgment is AFFIRMED.

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