United States v. Pacomio Blanco-Ruiz

• Court: Court of Appeals for the Eleventh Circuit
• Decided: June 27, 2023
• Docket: 23-11097
• Status: Unpublished

Opinion

USCA11 Case: 23-11097 Document: 19-1 Date Filed: 06/27/2023 Page: 1 of 3

[DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit

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No. 23-11097 Non-Argument Calendar ____________________

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus PACOMIO BLANCO-RUIZ,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of Georgia D.C. Docket No. 1:19-cr-00454-WMR-CCB-1 ____________________ USCA11 Case: 23-11097 Document: 19-1 Date Filed: 06/27/2023 Page: 2 of 3

2 Opinion of the Court 23-11097

Before WILSON, LUCK, and BLACK, Circuit Judges. PER CURIAM: Pacomio Blanco‑Ruiz appeals from the district court’s writ- ten judgment ordering an eight‑month term of imprisonment fol- lowing the revocation of his supervised release. He asserts his sen- tence should be vacated and remanded for imposition of a cor- rected judgment because the written judgment conflicts with the oral pronouncement at sentencing. The Government agrees that we should remand to allow the district court to correct the judg- ment to conform with the six-month term. “When a sentence pronounced orally and unambiguously conflicts with the written order of judgment, the oral pronounce- ment governs.” United States v. Bates, 213 F.3d 1336, 1340 (11th Cir. 2000). The remedy for a conflict between an orally pronounced sentence and the written judgment is a limited remand with in- structions to amend the judgment to conform to the oral pro- nouncement. United States v. Chavez, 204 F.3d 1305, 1316 (11th Cir. 2000). The written judgment unambiguously contradicts the oral pronouncement at sentencing because it imposes an eight‑month sentence, but the district court said twice at sentencing that it was varying downward from eight months to six months. Blanco-Ruiz does not offer any other arguments challenging the revocation of his supervised release or his six-month sentence, and therefore, has abandoned any such challenges. See United States v. Campbell, 26 USCA11 Case: 23-11097 Document: 19-1 Date Filed: 06/27/2023 Page: 3 of 3

23-11097 Opinion of the Court 3

F.4th 860, 873 (11th Cir.) (en banc), cert. denied, 143 S. Ct. 95 (2022) (stating an issue not raised on appeal will be deemed abandoned and will not be addressed on appeal absent extraordinary circum- stances). Accordingly, we affirm the revocation of Blanco-Ruiz’s supervised release and his sentence and remand to the district court for the limited purpose of correcting the judgment to conform with the oral pronouncement of a six-month term of imprisonment. AFFIRMED and REMANDED.