USA v. Humberto Chacon-Ibarra


UNPUBLISHED OPINION FILED. [16-51047 Vacated and Remanded] Judge: TMR, Judge: PRO, Judge: LHS. [16-51047]

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Case: 16-51047 Document: 00513898826 Page: 1 Date Filed: 03/06/2017 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 16-51047 United States Court of Appeals Fifth Circuit FILED March 6, 2017 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. HUMBERTO CHACON-IBARRA, Defendant - Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 4:16-CR-165-1 Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges. PER CURIAM:* This Defendant has been twice deported and had not always observed the law while in this country. He has been sentenced to 30 months in prison, but his guidelines range was erroneously enhanced and his sentence has been suspended. The error was the enhancement of offense points for a crime where sentence was fully suspended. It was a plain error. United States v. Rodriguez- 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 16-51047 Document: 00513898826 Page: 2 Date Filed: 03/06/2017 No. 16-51047 Parra, 581 F.3d 227 (5th Cir. 2009). The elements of plain error have been satisfied, and we vacate for resentencing. VACATED and REMANDED. 2

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