United States v. Javier Cantu

• Court: Court of Appeals for the Fifth Circuit
• Decided: May 21, 2018
• Docket: 16-41275
• Status: Unpublished

Opinion

Case: 16-41275 Document: 00514480696 Page: 1 Date Filed: 05/21/2018

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

FILED No. 16-41275 May 21, 2018 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

JAVIER LOPEZ CANTU,

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:97-CR-20-1

Before REAVLEY, GRAVES, and HO, Circuit Judges. PER CURIAM: * Javier Lopez Cantu appeals the sentence imposed upon the revocation of the term of supervised release he was serving for a money laundering offense. He and the Government agree that the 30-month sentence exceeds the statutory maximum of 24 months. See 18 U.S.C. § 1956(a), (h); 18 U.S.C. § 3559(a)(3); 18 U.S.C. § 3583(e)(3). We decline to review the sentence, however, under the concurrent sentence doctrine as the district court also

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. Case: 16-41275 Document: 00514480696 Page: 2 Date Filed: 05/21/2018

No. 16-41275

imposed a concurrent revocation sentence of 30 months for a drug offense. See United States v. Soape, 169 F.3d 257, 266 n.4 (5th Cir. 1999). To avoid any adverse collateral consequences, we VACATE the sentence for the money laundering offense and REMAND to the district court with instructions to suspend its imposition. See United States v. Stovall, 825 F.2d 817, 824 (5th Cir.), amended on other grounds by 833 F.2d 526 (5th Cir. 1987).