Case: 18-13750 Date Filed: 04/01/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

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No. 18-13750

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D.C. Docket No. 5:18-cr-00012-RBD-PRL-1 UNITED STATES OF AMERICA,

Plaintiff - Appellee, versus JONATHAN CAMACHO-MUNOZ,

Defendant - Appellant.

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Appeal from the United States District Court

for the Middle District of Florida

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(April 1, 2020) Before JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK,∗ District Judge. ∗Honorable Jeffrey U. Beaverstock, United States District Judge for the Southern District of Alabama, sitting by designation.

Case: 18-13750 Date Filed: 04/01/2020 Page: 2 of 2 PER CURIAM:

Following oral argument and review of the record, we vacate Jonathan Camacho-Munoz’s 24-month sentence and remand for resentencing. The district court was provided incorrect information about the co-defendant’s advisory guideline range and expressly took that information into account in deciding to vary upward by six months as to Mr. Camacho-Munoz’ sentence. See D.E. 68 at 13. The government, realizing the error, subsequently filed a motion under Rule 35 to correct the sentence. See D.E. 53. Under the circumstances, we conclude that the proper resolution is to allow the district court to resentence Mr. Camacho-Munoz with a correct understanding of the co-defendant’s advisory guideline range and ultimate sentence. See United States v. Battaglia, 478 F.2d 854 (5th Cir. 1972).

VACATED AND REMANDED.

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