United States v. Dubon-Mejia

Opinion

Case: 25-50258 Document: 53-1 Page: 1 Date Filed: 11/13/2025

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

FILED

No. 25-50258 November 13, 2025 Summary Calendar

Lyle W. Cayce

____________ Clerk

United States of America,

Plaintiff—Appellee,

versus

Yoni Adalberto Dubon-Mejia,

Defendant—Appellant.

______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 2:24-CR-3313-1

______________________________

Before King, Haynes, and Ho, Circuit Judges. Per Curiam: * Yoni Adalberto Dubon-Mejia pleaded guilty to one count of illegal reentry into the United States. He was sentenced within the advisory guidelines range to 12 months of imprisonment, to be followed by three years of supervised release. As his sole issue on appeal, he asserts that the

_____________________

*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 25-50258 Document: 53-1 Page: 2 Date Filed: 11/13/2025

No. 25-50258

statement of reasons contains a clerical error that conflicts with the district court’s oral pronouncement of his sentence.

Pursuant to Federal Rule of Criminal Procedure 36, “the [district]

court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.” Fed. R. Crim. P. 36; see United States v. Illies, 805 F.3d 607, 610 (5th Cir. 2015). Here, the statement of reasons incorrectly states that Dubon-Mejia received an upward variance.

Accordingly, we AFFIRM the judgment of the district court but REMAND the case for the limited purpose of correcting the clerical error in the statement of reasons.