United States v. Florencio Rosales-Mireles

• Court: Court of Appeals for the Fifth Circuit
• Decided: August 10, 2018
• Docket: 16-50151
• Status: Published

Opinion

Case: 16-50151 Document: 00514594435 Page: 1 Date Filed: 08/10/2018

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

No. 16-50151 FILED __________ August 10, 2018 Lyle W. Cayce Clerk

UNITED STATES OF AMERICA,

Plaintiff−Appellee,

versus

FLORENCIO ROSALES-MIRELES, Also Known as Roberto Lozano-Alcauter,

Defendant−Appellant.

_______________________

Appeal from the United States District Court for the Western District of Texas _______________________

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:

Florencio Rosales-Mireles pleaded guilty of illegal reentry into the United States and was convicted and sentenced. The sentence was based in part on unobjected-to error. On appeal, this court declined to exercise Case: 16-50151 Document: 00514594435 Page: 2 Date Filed: 08/10/2018

No. 16-50151

discretion to afford plain-error relief and affirmed. United States v. Rosales- Mireles, 850 F.3d 246 (5th Cir. 2017). The Supreme Court reversed and remanded. Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018).

On remand, the United States and the Federal Public Defender filed a joint motion to vacate the sentence and remand for resentencing. Although we are not bound even by a joint motion, we agree that the request is appropriate. The motion is GRANTED. The judgment of sentence is VACATED and REMANDED for resentencing.