United States v. Carrizal-Ramos

• Court: Court of Appeals for the Fifth Circuit
• Decided: December 27, 2021
• Docket: 20-10025
• Status: Unpublished

Opinion

Case: 20-10025 Document: 00516145248 Page: 1 Date Filed: 12/27/2021

United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED No. 20-10025 December 27, 2021 Summary Calendar Lyle W. Cayce Clerk

United States of America,

Plaintiff—Appellee,

versus

Julio Carrizal-Ramos,

Defendant—Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 4:19-CR-179-1

Before King, Costa, and Ho, Circuit Judges. Per Curiam:* Julio Carrizal-Ramos appeals the sentence imposed following his conviction for illegal reentry after deportation, 8 U.S.C. § 1326(a) and (b)(1). In particular, he contends that the district court abused its discretion by including a standard condition of release in his judgment that prohibits him

* Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 20-10025 Document: 00516145248 Page: 2 Date Filed: 12/27/2021

No. 20-10025

from frequenting places where controlled substances are illegally sold, used, distributed, or administered. He argues that the condition is not listed in the standard conditions of release set forth in the Guidelines Manual applicable to his case and that it should have been pronounced at sentencing. Inclusion of the challenged condition in the written judgment conflicts with the oral pronouncement of sentence. See United States v. Diggles, 957 F.3d 551, 559-63 & n.5 (5th Cir.) (en banc), cert. denied, 141 S. Ct. 825 (2020); United States v. Mireles, 471 F.3d 551, 558 (5th Cir. 2006). Accordingly, we MODIFY the judgment to strike the condition and AFFIRM the judgment as MODIFIED.