United States v. Adan Vega-Salazar

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 9, 2017
• Docket: 16-41670
• Status: Unpublished

Opinion

Case: 16-41670 Document: 00514108838 Page: 1 Date Filed: 08/09/2017

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 16-41670 FILED August 9, 2017 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff - Appellee

v.

ADAN VEGA-SALAZAR,

Defendant - Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:16-CR-1037-1

Before BARKSDALE, PRADO, and OWEN, Circuit Judges. PER CURIAM: * Adan Vega-Salazar pleaded guilty to one count of importing 500 grams or more of cocaine, in violation of 21 U.S.C. §§ 952(a), 960(a)(1), 960(b)(2); and 18 U.S.C. § 2. His written judgment, however, describes the nature of his offense as “[i]mporting 500 kilograms or more” of cocaine. (Emphasis added.)

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.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: 16-41670 Document: 00514108838 Page: 2 Date Filed: 08/09/2017

No. 16-41670

For his sole issue on appeal, Vega-Salazar requests his judgment be corrected. As the Government concedes, the judgment contains a non- harmless clerical error. Accordingly, we affirm and remand to the district court for correction of the clerical error. See Fed. R. Crim. P. 36; United States v. Powell, 354 F.3d 362, 371–72 (5th Cir. 2003); United States v. Sapp, 439 F.2d 817, 821 (5th Cir. 1971). AFFIRMED and REMANDED with instruction.