United States v. Luis Ruiz-Dominguez

• Court: Court of Appeals for the Fifth Circuit
• Decided: September 26, 2018
• Docket: 17-40099
• Status: Unpublished

Opinion

Case: 17-40099 Document: 00514658022 Page: 1 Date Filed: 09/26/2018

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 17-40099 United States Court of Appeals

Summary Calendar Fifth Circuit

FILED September 26, 2018

UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee

v.

LUIS ALBERTO RUIZ-DOMINGUEZ,

Defendant - Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 1:16-CR-644-1

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM:* This case comes to us on remand from the Supreme Court of the United States for reconsideration in light of its recent decision in Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018). We need not repeat the facts of this case, which are laid out in our previous opinion. See United States v. Ruiz-

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 17-40099 Document: 00514658022 Page: 2 Date Filed: 09/26/2018

No. 17-40099 Dominguez, 713 F. App’x 273 (5th Cir. 2017). The question before us is whether this court should exercise its discretion to correct the district court’s error in computing Ruiz-Dominguez’s Guidelines range. Rosales-Mireles dictates that we should exercise our discretion in this case to remand for resentencing. See 138 S. Ct. at 1908-11. Accordingly, we VACATE Ruiz-Dominguez’s sentence and REMAND for reconsideration in light of the corrected guidelines range. The mandate shall issue forthwith.