United States v. Mario De Santiago-Guillen

• Court: Court of Appeals for the Fifth Circuit
• Decided: June 24, 2016
• Docket: 14-40514
• Status: Unpublished

Opinion

Case: 14-40514 Document: 00513564109 Page: 1 Date Filed: 06/24/2016

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 14-40514 FILED June 24, 2016 Lyle W. Cayce UNITED STATES OF AMERICA, Clerk

Plaintiff - Appellee

v.

MARIO TULIO DE SANTIAGO-GUILLEN, also known as Marco De Santiago, also known as Marco Guillen-Desantiago, also known as Marco T. De Santiago, also known as Mario De Santiago-Guillen,

Defendant - Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:13-CR-1128-1

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before WIENER, SOUTHWICK, and GRAVES, Circuit Judges. PER CURIAM:* This case returns to us on remand from the Supreme Court, No. 15-6107, Mario Tulio De Santiago-Guillen v. United States, 136 S.Ct. 1711 (2016). The Supreme Court vacated our affirmance of the district court’s sentence of De

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 14-40514 Document: 00513564109 Page: 2 Date Filed: 06/24/2016

No. 14-40514 Santiago-Guillen and remanded this case to us for further consideration in light of Molina-Martinez v. United States, 136 S.Ct. 1338 (2016). After further consideration, we VACATE the district court’s sentence of De Santiago-Guillen and REMAND this case to the District Court for the Southern District of Texas for resentencing consistent with the opinion of the Supreme Court in Molina-Martinez.