U.S. Court of Appeals for the Fifth Circuit, 2010

United States v. Jorge Almanza-Torres

United States v. Jorge Almanza-Torres
U.S. Court of Appeals for the Fifth Circuit · Decided April 28, 2010 · Davis, Smith, Dennis
376 F. App'x 415

United States v. Jorge Almanza-Torres

Opinion

PER CURIAM: *

Jorge Almanza-Torres pleaded guilty of having been unlawfully present in the United States. He argues on appeal, and the government concedes, that the case should be remanded for correction of clerical errors in the Statement of Reasons, which incorrectly says that the guideline range of imprisonment was based on a total offense level that included a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A); that the sentence im *416 posed was within the guidelines range of imprisonment; and that an upward departure or variance was not imposed. We remand solely for correction of the clerical errors in the Statement of Reasons. Fed. R. Crim. P. 36. The conviction and sentence are AFFIRMED.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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