United States v. Rosales-Mireles

Fifth Circuit

United States v. Rosales-Mireles

898 F.3d 1265

CourtCourt of Appeals for the Fifth Circuit

DecidedAugust 10, 2018

DocketNo. 16-50151

StatusPublished

This text of 898 F.3d 1265 (United States v. Rosales-Mireles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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United States v. Rosales-Mireles, 898 F.3d 1265 (5th Cir. 2018).

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Opinion

PER CURIAM:

Florencio Rosales-Mireles pleaded guilty of illegal reentry into the United States and was convicted and sentenced. The sentence was based in part on unobjected-to error. On appeal, this court declined to exercise discretion to afford plain-error relief and affirmed. United States v. Rosales-Mireles , 850 F.3d 246 (5th Cir. 2017). The Supreme Court reversed and remanded. Rosales-Mireles v. United States , --- U.S. ----, 138 S.Ct. 1897, --- L.Ed.2d ---- (2018).

On remand, the United States and the Federal Public Defender filed a joint motion to vacate the sentence and remand for resentencing. Although we are not bound even by a joint motion, we agree that the request is appropriate. The motion is GRANTED. The judgment of sentence is VACATED and REMANDED for resentencing.

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PER CURIAM:

Florencio Rosales-Mireles pleaded guilty of illegal reentry into the United States and was convicted and sentenced. The sentence was based in part on unobjected-to error. On appeal, this court declined to exercise discretion to afford plain-error relief and affirmed. United States v. Rosales-Mireles , 850 F.3d 246 (5th Cir. 2017). The Supreme Court reversed and remanded. Rosales-Mireles v. United States , --- U.S. ----, 138 S.Ct. 1897, --- L.Ed.2d ---- (2018).

On remand, the United States and the Federal Public Defender filed a joint motion to vacate the sentence and remand for resentencing. Although we are not bound even by a joint motion, we agree that the request is appropriate. The motion is GRANTED. The judgment of sentence is VACATED and REMANDED for resentencing.

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898 F.3d 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-rosales-mireles-ca5-2018.

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