United States v. Adolfo Galvez-Perez
United States v. Adolfo Galvez-Perez
Opinion
Adolfo Galvez-Perez pleaded guilty to being found unlawfully present in the United States following removal. He was *212 sentenced below the recommended Sentencing Guidelines range to 30 months of imprisonment. The parties agree that the judgment of conviction improperly reflects that he was convicted and sentenced under 8 U.S.C. § 1326(b)(2). See United States v. Mondragon-Santiago, 564 F.3d 357, 368 (5th Cir. 2009). Because Galvez-Perez’s offense was a § 1326(b)(1) violation rather than a § 1326(b)(2) violation, we REMAND for the limited purpose of reforming the judgment to reflect the proper statute of conviction. See 28 U.S.C. § 2106. In all other respects, the judgment is 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Pursuant to 5th Cir. R. 47.5, the court has • determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. ■R. 47.5.4.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.