United States v. Espinal
United States v. Espinal
Opinion of the Court
SUMMARY ORDER
Defendant Rigoberto Espinal appeals from a July 11, 2007 judgment entered by the District Court, convicting him of possession with intent to distribute five hundred grams or more of cocaine, in violation of 21 U.S.C. § 841(b)(l)(B)(ii), and re-sentencing him principally to 96 months’ imprisonment.
Upon a review of the record and the arguments of counsel, we are satisfied that the District Court considered the 18 U.S.C. § 3553(a) factors and that defendant’s sentence was in no way procedurally unreasonable. As to the inconsistencies between the District Court’s oral pronouncement at the hearing and the written judgment, the government states that it does not object to defendant’s request to remand the case “for the ministerial purpose of amending the written judgment to reflect the actual Guideline range that the district court employed.” Appellee Br. at 17.
We conclude that the written judgment should be amended, cf. United States v. Truscello, 168 F.3d 61, 62 (2d Cir. 1999) (“[wjhere there is a direct conflict between an unambiguous oral pronouncement of sentence and the written judgment and commitmenty the oral pronouncement must control.” (internal alteration and quotation marks omitted)), and accordingly REMAND the case for the sole purpose of amending the judgment to reflect the correct Guidelines range.
. On October 4, 2005, another panel of this Court entered an order remanding defendant's case with instructions to vacate his original sentence and to re-sentence defendant in conformity with United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005).
. We note that the actual Guidelines range for offense level 32, with defendant’s criminal history category (category I), is 121 to 151 months.
Reference
- Full Case Name
- United States v. Rigoberto ESPINAL
- Status
- Published