U.S. Court of Appeals for the Fifth Circuit, 2017

United States v. Ramon Carrillo-Hernandez

United States v. Ramon Carrillo-Hernandez
U.S. Court of Appeals for the Fifth Circuit · Decided August 16, 2017 · King, Elrod, Higginson
695 F. App'x 784

United States v. Ramon Carrillo-Hernandez

Opinion

PER CURIAM: *

Ramon Carrillo-Hernandez pleaded guilty to being an alien unlawfully found in the United States after a previous deportation subsequent to an aggravated felony conviction. The district court sentenced him to 48 months of imprisonment *785 and a three-year terra of supervised release. At sentencing, the district court recommended that Carrillo-Hernandez participate in an alcohol abuse treatment program while in prison. The written judgment, however, recommended that he participate “in an alcohol and/or drug abuse evaluation and treatment program.” Carrillo-Hernandez contends that the written judgment’s deviation from the oral pronouncement is a clerical error and asks this court to remand the ease to the district court for a correction of the judgment under Federal Rule of Criminal Procedure 36. We AFFIRM and REMAND to the district court for correction- of this clerical error. See Fed. R. Crim. P. 36; United States v. Mudd, 685 F.3d 473, 480 (5th Cir. 2012).

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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