Filed: Jul. 13, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 15-40041 Document: 00514554789 Page: 1 Date Filed: 07/13/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-40041 Fifth Circuit FILED July 13, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. GREGORIO GONZALEZ-LONGORIA, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before STEWART, Chief Judge, and JOLLY,
Summary: Case: 15-40041 Document: 00514554789 Page: 1 Date Filed: 07/13/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals No. 15-40041 Fifth Circuit FILED July 13, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. GREGORIO GONZALEZ-LONGORIA, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before STEWART, Chief Judge, and JOLLY, D..
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Case: 15-40041 Document: 00514554789 Page: 1 Date Filed: 07/13/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-40041
Fifth Circuit
FILED
July 13, 2018
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff - Appellee
v.
GREGORIO GONZALEZ-LONGORIA,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH,
DENNIS, CLEMENT, OWEN, ELROD, SOUTHWICK, HAYNES,
GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, and ENGELHARDT
Circuit Judges.
CARL E. STEWART, Chief Judge:
Mr. Gonzalez-Longoria raised in this appeal a challenge to the
assessment of a Sentencing Guideline enhancement based on the classification
of his prior Texas conviction as an aggravated felony. Mr. Gonzalez-Longoria
has been released from imprisonment and no longer wishes to pursue any
Case: 15-40041 Document: 00514554789 Page: 2 Date Filed: 07/13/2018
No. 15-40041
challenge to his term of imprisonment or Sentencing Guideline calculation.
Accordingly, we DISMISS his appeal as to these issues.
Mr. Gonzalez-Longoria also challenged the description in the judgment
of his offense as being an illegal reentry after “having previously been convicted
of an aggravated felony.” We REMAND to the district court for the limited
purpose of correcting the judgment to reflect the correct offense of conviction
by elimination of the clause “having previously been convicted of an aggravated
felony.” United States v. Ovalle-Garcia,
868 F.3d 313, 314 (5th Cir. 2017).
There being no further issues pending before the court, we do not retain
jurisdiction. Mandate to issue forthwith.
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