United States v. Jonathan Camacho-Munoz

Opinion

Case: 18-13750 Date Filed: 04/01/2020 Page: 1 of 2

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT ________________________

No. 18-13750 ________________________

D.C. Docket No. 5:18-cr-00012-RBD-PRL-1

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JONATHAN CAMACHO-MUNOZ,

Defendant - Appellant.

________________________

Appeal from the United States District Court for the Middle District of Florida ________________________

(April 1, 2020)

Before JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK,∗ District Judge.

∗Honorable Jeffrey U. Beaverstock, United States District Judge for the Southern District of Alabama, sitting by designation. Case: 18-13750 Date Filed: 04/01/2020 Page: 2 of 2

PER CURIAM:

Following oral argument and review of the record, we vacate Jonathan

Camacho-Munoz’s 24-month sentence and remand for resentencing. The district

court was provided incorrect information about the co-defendant’s advisory

guideline range and expressly took that information into account in deciding to vary

upward by six months as to Mr. Camacho-Munoz’ sentence. See D.E. 68 at 13. The

government, realizing the error, subsequently filed a motion under Rule 35 to correct

the sentence. See D.E. 53. Under the circumstances, we conclude that the proper

resolution is to allow the district court to resentence Mr. Camacho-Munoz with a

correct understanding of the co-defendant’s advisory guideline range and ultimate

sentence. See United States v. Battaglia, 478 F.2d 854 (5th Cir. 1972).

VACATED AND REMANDED.