United States v. Alvaro Paramo

466 F. App'x 335

• Court: Court of Appeals for the Fifth Circuit
• Decided: April 6, 2012
• Docket: 11-40430
• Status: Unpublished

Opinion

PER CURIAM: *

Alvaro Paramo pleaded guilty to attempting to smuggle goods from the United States and making false statements. The district court sentenced Paramo to 60 months of imprisonment and three years of supervised release. In his sole issue for appeal, Paramo contends that there is a clerical error in the judgment of the offense of conviction that should be remanded for correction.

The judgment states that Paramo was convicted of smuggling goods from the United States and making false statements. Attempt offenses are distinct from actual offenses, even where both offenses appear in the same statute. See United States v. Angeles-Mascote, 206 F.3d 529, 531 (5th Cir.2000).

The case is remanded to the district court for the limited purpose of correcting the original judgment to reflect that Para-mo was convicted of attempting to smuggle goods from the United States and making false statements. See Fed.R.Crim.P. 36. The district court’s judgment is AFFIRMED in all other respects.

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.