USA v. Edgar Rayon-Gonzalez

Filing

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]

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