USA v. Gabriel Renteria-Bear

Filing

UNPUBLISHED OPINION FILED. [16-41580 Affirmed and Remanded ] Judge: PEH , Judge: EHJ , Judge: JES Mandate pull date is 09/05/2017 for Appellant Gabriel Renteria-Bear [16-41580]

Case: 16-41580

Document: 00514114540

Page: 1

Date Filed: 08/14/2017

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 16-41580
Summary Calendar

United States Court of Appeals
Fifth Circuit

FILED
August 14, 2017
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.

GABRIEL RENTERIA-BEAR, also known as Gabriel Renteria-Vear,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-1091-1
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Gabriel Renteria-Bear pleaded guilty to being found in the United States
after a previous deportation.

At sentencing, the district court agreed to

recommend that Renteria-Bear be housed in a facility offering job training;
that recommendation was not contained in the written judgment.

Thus,

Renteria-Bear requests remand pursuant to Federal Rule of Criminal
Procedure 36 so that the district court can correct the written judgment to

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41580

Document: 00514114540

Page: 2

Date Filed: 08/14/2017

No. 16-41580
reflect the oral recommendation. The Government concedes that the judgment
should be modified to correct the error. Accordingly, we affirm and remand to
the district court for correction of the clerical error. See FED. R. CRIM. P. 36.
AFFIRMED AND REMANDED with instruction.

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