United States v. Hernandez-De La Cruz

Case: 25-50494 Document: 43-1 Page: 1 Date Filed: 02/10/2026

United States Court of Appeals for the Fifth Circuit United States Court of Appeals ____________ Fifth Circuit FILED No. 25-50494 February 10, 2026 Summary Calendar Lyle W. Cayce ____________ Clerk United States of America,

Plaintiff—Appellee, versus

Santiago Hernandez-De La Cruz,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 7:25-CR-8-1 ______________________________

Before Stewart, Graves, and Oldham, Circuit Judges.

Per Curiam:*

Santiago Hernandez-De La Cruz appeals his guilty-plea conviction and sentence for illegal reentry following deportation in violation of 8 U.S.C. § 1326. He asserts that the written judgment contains a clerical error as it incorrectly states that he was convicted under §§ 1326(a) and 1326(b)(1). The Government concurs. Hernandez-De La Cruz asks this court to remand Case: 25-50494 Document: 43-1 Page: 2 Date Filed: 02/10/2026

No. 25-50494 the case to the district court with an instruction to correct the judgment to reflect that he was convicted under § 1326(a).

We agree that the written judgment incorrectly states that Hernandez- De La Cruz was convicted and sentenced under §§ 1326(a) and 1326(b)(1). The judgment is AFFIRMED, and the case is REMANDED to the district court for the limited purpose of entering a corrected judgment to reflect that Hernandez-De La Cruz was convicted and sentenced under § 1326(a). See Fed. R. Crim. P. 36.