United States v. Polanco
United States v. Polanco
Opinion of the Court
Jose Manuel Polanco was indicted for and pleaded guilty to having been “found” in the United States following a prior removal and without having obtained consent to reapply for admission, in violation of 8 U.S.C. § 1326. He was sentenced to 65 months in prison.
Polanco appeals his conviction for the limited purpose of correcting the judgment under Federal Rule of Criminal Procedure 36, arguing that the judgment should reflect that he was convicted of “being found in” the United States and not of “[ijllegal [r]e-[e]ntry,” as listed in the judgment. He argues that “being found in” the United States and “illegal reentry” are distinct offenses.
Rule 36 authorizes us to correct only clerical errors, which occur when “the court intended one thing but by merely clerical mistake or oversight did another.” United States v. Steen, 55 F.3d 1022, 1026 n. 3 (5th Cir. 1995) (internal quotation marks and citations omitted). In the district court’s judgment, the “Nature of Offense” description, “[i]llegal [r]e-[e]ntry,”
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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-law data current through December 31, 2025. Source: CourtListener bulk data.