USA v. Edgar Rayon-Gonzalez


PUBLISHED OPINION FILED on Remand from the Supreme Court of the United States. [16-40232 Vacated and Remanded] Judge: TMR , Judge: JWE , Judge: JEG. Mandate pull date is 10/19/2017 for Appellant Edgar Rayon-Gonzalez [16-40232]

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Case: 16-40232 Document: 00514174925 Page: 1 Date Filed: 09/28/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-40232 Conference Calendar United States Court of Appeals Fifth Circuit FILED September 28, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. EDGAR RAYON-GONZALEZ, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, ELROD, and GRAVES, Circuit Judges. PER CURIAM: This case was remanded by the United States Supreme Court for further consideration in light of Esquivel- Quintana v. Sessions, 137 S. Ct. 1562 (2017). Edgar Rayon-Gonzalez filed opposed motions to summarily vacate the district court judgment, remand for resentencing, and issue the mandate forthwith. We subsequently allowed the Government to file a response out of time. Thereafter, we denied Rayon-Gonzalez’s motions and called for supplemental briefing. Case: 16-40232 Document: 00514174925 Page: 2 Date Filed: 09/28/2017 No. 16-40232 After due consideration, we VACATE Rayon-Gonzalez’s sentence and REMAND to the district court for resentencing. consider all relevant factors on resentencing. 2 The district court may

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