United States v. Garza

Opinion

Case: 23-40490 Document: 84-1 Page: 1 Date Filed: 05/08/2025

United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit No. 23-40490 Summary Calendar FILED ____________ May 8, 2025 Lyle W. Cayce United States of America, Clerk

Plaintiff—Appellee,

versus

Eric Richard Garza,

Defendant—Appellant. ______________________________

Appeal from the United States District Court for the Southern District of Texas USDC No. 2:19-CR-5-1 ______________________________

Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * Eric Richard Garza was convicted of attempted Hobbs Act robbery in violation of 18 U.S.C. § 1951 (Count One), and discharge of a firearm during a crime of violence in violation of 18 U.S.C. § 924(c)(1)(A)(iii) (Count Two). In his first appeal, we vacated as to the § 924(c) offense and remanded for resentencing. See United States v. Garza, No. 21-40759, 2023 WL 2525655,

_____________________ * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 23-40490 Document: 84-1 Page: 2 Date Filed: 05/08/2025

No. 23-40490

at *2, *4 (5th Cir. Mar. 15, 2023) (unpublished). On remand, the district court resentenced Garza on Count One within a recalculated guidelines range to a higher sentence than initially imposed. Now, Garza argues that his resentencing violated our previous mandate. We review the issue de novo. See United States v. Clark, 816 F.3d 350, 360-61 (5th Cir. 2016). Here, we are persuaded that the district court complied with the letter and spirit of our mandate by resentencing Garza on Count One. See United States v. Solorzano, 65 F.4th 245, 249 n.4 (5th Cir. 2023); Clark, 816 F.3d at 360-61. The judgment of the district court is AFFIRMED.