USA v. Humberto Chacon-Ibarra

Filing

UNPUBLISHED OPINION FILED.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

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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

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