Filed: Aug. 07, 2018
Latest Update: Mar. 03, 2020
Summary: Case: 17-20177 Document: 00514588684 Page: 1 Date Filed: 08/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-20177 FILED Summary Calendar August 7, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANTONIO ROMO VERA, also known as Juan Antonio Romo, also known as Juan Antonio Romo-Vera, also known as Juan Romo-Vera, also known as Antonio Romo Vera, also known as Antonio Ramo, also known as Cesar Em
Summary: Case: 17-20177 Document: 00514588684 Page: 1 Date Filed: 08/07/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 17-20177 FILED Summary Calendar August 7, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. JUAN ANTONIO ROMO VERA, also known as Juan Antonio Romo, also known as Juan Antonio Romo-Vera, also known as Juan Romo-Vera, also known as Antonio Romo Vera, also known as Antonio Ramo, also known as Cesar Emi..
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Case: 17-20177 Document: 00514588684 Page: 1 Date Filed: 08/07/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-20177 FILED
Summary Calendar August 7, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JUAN ANTONIO ROMO VERA, also known as Juan Antonio Romo, also
known as Juan Antonio Romo-Vera, also known as Juan Romo-Vera, also
known as Antonio Romo Vera, also known as Antonio Ramo, also known as
Cesar Emilo Reynaga-Rangel, also known as Antiono Juan Romo, also known
as Juan Antonio Ramo, also known as Juan Romo,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:16-CR-495-1
Before DAVIS, HAYNES, and GRAVES, Circuit Judges.
PER CURIAM: *
Juan Antonio Romo Vera appeals the district court’s application of a 16-
level crime of violence enhancement under U.S.S.G. § 2L1.2 in determining his
sentence for unlawful presence in the United States. This court reviews the
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH
CIR. R. 47.5.4.
Case: 17-20177 Document: 00514588684 Page: 2 Date Filed: 08/07/2018
No. 17-20177
district court’s interpretation and application of the Guidelines de novo.
United States v. Godoy,
890 F.3d 531, 535-36 (5th Cir. 2018).
We agree with the parties that the crime of violence enhancement for
Romo Vera’s prior conviction under Texas Penal Code § 30.02(a) was erroneous
in light of United States v. Herrold,
883 F.3d 517, 541 (5th Cir. 2018) (en banc),
petitions for cert. filed (Apr. 18, 2018) (No. 17-1445) and (May 21, 2018) (No.
17-9127), which was issued after Romo Vera was sentenced but while this
appeal was pending. See
Godoy, 890 F.3d at 536 & n.16 (applying Herrold in
a § 2L1.2 case). Accordingly, we VACATE the sentence and REMAND for
resentencing. The Government’s motion to stay the appeal is DENIED. See
United States v. Alcantar,
733 F.3d 143, 145-46 (5th Cir. 2013).
2