USA v. Ramon Carrillo-Hernandez

Filing

UNPUBLISHED OPINION FILED. [16-41202 Affirmed and Remanded] Judge: CDK, Judge: JWE, Judge: SAH. Mandate pull date is 09/06/2017 for Appellant Ramon Carrillo-Hernandez [16-41202]

Case: 16-41202

Document: 00514118763

Page: 1

Date Filed: 08/16/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41202
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 16, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

RAMON CARRILLO-HERNANDEZ, also known as Cesar Garcia-Rodriguez,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:16-CR-110-1
Before KING, ELROD, and HIGGINSON, Circuit Judges.
PER CURIAM: *
Ramon Carrillo-Hernandez pleaded guilty to being an alien unlawfully
found in the United States after a previous deportation subsequent to an
aggravated felony conviction. The district court sentenced him to 48 months
of imprisonment and a three-year term of supervised release. At sentencing,
the district court recommended that Carrillo-Hernandez participate in an
alcohol abuse treatment program while in prison. The written judgment,

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41202

Document: 00514118763

Page: 2

Date Filed: 08/16/2017

No. 16-41202
however, recommended that he participate “in an alcohol and/or drug abuse
evaluation and treatment program.” Carrillo-Hernandez contends that the
written judgment’s deviation from the oral pronouncement is a clerical error
and asks this court to remand the case to the district court for a correction of
the judgment under Federal Rule of Criminal Procedure 36. We AFFIRM and
REMAND to the district court for correction of this clerical error. See FED.
R. CRIM. P. 36; United States v. Mudd, 685 F.3d 473, 480 (5th Cir. 2012).

2