United States v. Juan Mejia

589 F. App'x 296

• Court: Court of Appeals for the Fifth Circuit
• Decided: January 8, 2015
• Docket: 14-20383
• Status: Unpublished

Opinion

PER CURIAM: *

Juan Oliveros Mejia pleaded guilty to illegal reentry following deportation subse quent to an aggravated felony and was sentenced to 40 months in prison. Mejia and the Government agree that Mejia’s prior conviction for sexual assault pursuant to Texas Penal Code § 22.011 does not qualify as an “aggravated felony” for purposes of 8 U.S.C. § 1326(b)(2), which carries a 20-year statutory maximum. The parties disagree as to whether the proper remedy is remand for the district court to enter a modified judgment or for this court itself to modify and affirm the judgment.

We agree that there was error. See Rodriguez v. Holder, 705 F.3d 207, 215-16 (5th Cir.2013). The conviction and sentence imposed by the district court are AFFIRMED. However, we REMAND to the district court for the limited purpose of correcting the judgment to reflect the correct offense of conviction as under § 1326(b)(1). See United States v. Johnson, 588 F.2d 961, 964 (5th Cir.1979).

* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.