United States v. Rosales-Mireles

U.S. Court of Appeals for the Fifth Circuit
United States v. Rosales-Mireles, 898 F.3d 1265 (5th Cir. 2018)

United States v. Rosales-Mireles

Opinion of the Court

PER CURIAM:

Florencio Rosales-Mireles pleaded guilty of illegal reentry into the United States and was convicted and sentenced. The sentence was based in part on unobjected-to error. On appeal, this court declined to exercise discretion to afford plain-error relief and affirmed. United States v. Rosales-Mireles , 850 F.3d 246 (5th Cir. 2017). The Supreme Court reversed and remanded. Rosales-Mireles v. United States , --- U.S. ----, 138 S.Ct. 1897, --- L.Ed.2d ---- (2018).

On remand, the United States and the Federal Public Defender filed a joint motion to vacate the sentence and remand for resentencing. Although we are not bound even by a joint motion, we agree that the request is appropriate. The motion is GRANTED. The judgment of sentence is VACATED and REMANDED for resentencing.

Reference

Full Case Name
United States v. Florencio ROSALES-MIRELES, also known as Roberto Lozano-Alcauter
Status
Published