USA v. Eric Ramirez-Jimenez

Filing

UNPUBLISHED OPINION FILED. [16-41273 Affirmed and Remanded] Judge: EHJ, Judge: JLW, Judge: EBC. Mandate pull date is 03/23/2017 for Appellant Eric Ramirez-Jimenez; granting motion for summary affirmance filed by Appellee USA [8376984-2]; granting motion to remand case filed by Appellee USA [8376984-3]; denying motion to extend time to file appellee's brief filed by Appellee USA [8376984-4] [16-41273]

Case: 16-41273

Document: 00513893949

Page: 1

Date Filed: 03/02/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41273
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
March 2, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ERIC RAMIREZ-JIMENEZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:16-CR-455-1
Before JONES, WIENER, and CLEMENT, Circuit Judges.
PER CURIAM: *

Eric Ramirez-Jimenez pleaded guilty to illegal reentry by a previously
deported alien following a felony conviction in violation of 8 U.S.C. § 1326(a)
and (b)(1). The district court sentenced him to 21 months of imprisonment,
and it did not impose a term of supervised release.
Ramirez-Jimenez’s sole argument on appeal is that this court should
remand the case to the district court to correct a clerical error in the 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41273

Document: 00513893949

Page: 2

Date Filed: 03/02/2017

No. 16-41273
regarding the date of his guilty plea. He pleaded guilty on June 7, 2016, but
the judgment incorrectly states that he entered his guilty plea on May 13, 2016.
Summary affirmance is proper where, among other instances, “the
position of one of the parties is clearly right as a matter of law so that there
can be no substantial question as to the outcome of the case.” Groendyke
Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969). In this case, both
parties agree that the written judgment contains an error as to the date of
Ramirez-Jimenez’s guilty plea, and under Federal Rule of Criminal
Procedure 36, the district court “may at any time correct a clerical error in a
judgment.”
Accordingly, the Government’s motion for summary affirmance is
GRANTED, and the district court’s judgment is AFFIRMED. This case is
REMANDED to the district court for the limited purpose of correcting the
clerical error in the judgment. The Government’s alternate motion for an
extension of time to file a brief is DENIED.

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