United States v. Garza

Case: 23-40490 Document: 84-1 Page: 1 Date Filed: 05/08/2025

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals

Fifth Circuit

No. 23-40490

Summary Calendar FILED ____________ May 8, 2025

Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee, versus

Eric Richard Garza,

Defendant—Appellant.

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Appeal from the United States District Court for the Southern District of Texas USDC No. 2:19-CR-5-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges.

Per Curiam: *

Eric Richard Garza was convicted of attempted Hobbs Act robbery in violation of 18 U.S.C. § 1951 (Count One), and discharge of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(iii) (Count Two). In his first appeal, we vacated as to the § 924(c) offense and remanded for resentencing. See United States v. Garza, No. 21-40759, 2023 WL 2525655, Case: 23-40490 Document: 84-1 Page: 2 Date Filed: 05/08/2025

No. 23-40490 at *2, *4 (5th Cir. Mar. 15, 2023) (unpublished). On remand, the district court resentenced Garza on Count One within a recalculated guidelines range to a higher sentence than initially imposed. Now, Garza argues that his resentencing violated our previous mandate.

We review the issue de novo. See United States v. Clark, 816 F.3d 350, 360-61 (5th Cir. 2016). Here, we are persuaded that the district court complied with the letter and spirit of our mandate by resentencing Garza on Count One. See United States v. Solorzano, 65 F.4th 245, 249 n.4 (5th Cir. 2023); Clark, 816 F.3d at 360-61.

The judgment of the district court is AFFIRMED.