Case: 19-40517 Document: 00516072942 Page: 1 Date Filed: 10/28/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 28, 2021 No. 19-40517 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Alejandro Pineda-Campuzano, Defendant—Appellant.

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:18-CR-1425-1

Before Jolly, Elrod, and Graves, Circuit Judges.

Per Curiam:* Alejandro Pineda-Campuzano challenges the 60-month prison sentence and four-year term of supervised release imposed following his guilty plea conviction for possession with intent to distribute approximately kilograms of marijuana. Pineda-Campuzano argues that the district court erred in finding him ineligible for safety-valve relief under

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4.

Case: 19-40517 Document: 00516072942 Page: 2 Date Filed: 10/28/2021

No. 19-40517

18 U.S.C. § 3553(f), and in imposing special conditions of supervised release in the written judgment that were not orally pronounced at sentence. With respect to safety-valve relief under § 3553(f), Pineda-Campuzano claims that his Texas conviction for Assault-Family Violence is not a “violent offense” and that he is therefore not disqualified from relief on that basis.

We previously affirmed the district court’s denial of safety-valve relief but determined that the court’s imposition of special conditions of release that were not orally pronounced at sentence was an abuse of discretion.

United States v. Pineda-Campuzano, 812 F. App’x 293, 294 (5th Cir. 2020) (per curiam). Pineda-Campuzano filed a petition for certiorari, and the Supreme Court vacated our judgment and remanded for further consideration in light of Borden v. United States, 141 S. Ct. 1817 (2021).

Pineda-Campuzano v. United States, 141 S. Ct. 2784 (2021) (mem.).

The government concedes that post-Borden, Pineda-Campuzano’s Texas conviction is not a “violent offense” under 18 U.S.C. § 3553(f) because it may be committed with a mens rea of recklessness. For this reason, the parties agree that Pineda-Campuzano is not precluded from safety-valve relief on that basis. Accordingly, we REMAND to the district court for resentencing consistent with Borden v. United States, 141 S. Ct. 1817 (2021).