United States v. Rojas-Samaniego

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

FILED July 22, 2008 No. 07-41157 Summary Calendar Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA

Plaintiff-Appellee

v.

ARMANDO ROJAS-SAMANIEGO

Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-PO-1125-ALL

Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Armando Rojas-Samaniego (Rojas) appeals the 15-month sentence imposed upon revocation of unsupervised probation. As the Government concedes, the sentence was plainly erroneous because the maximum sentence that could have been lawfully imposed was six months. See 8 U.S.C. § 1325(a); 18 U.S.C. §§ 3551(a), 3565(a)(2). The sentence is VACATED and the case is REMANDED for resentencing. See United States v. Coil, 442 F.3d 912, 914 (5th Cir. 2006).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.