United States v. Ryan Taylor

Fifth Circuit

United States v. Ryan Taylor

676 F. App'x 256

CourtCourt of Appeals for the Fifth Circuit

DecidedJanuary 19, 2017

Docket16-40421

StatusUnpublished

Cited by1 cases

This text of 676 F. App'x 256 (United States v. Ryan Taylor) 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. Ryan Taylor, 676 F. App'x 256 (5th Cir. 2017).

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Opinion

PER CURIAM: *

Ryan Scott Daniel Taylor appeals an aspect of the sentence imposed after he pleaded guilty to credit card fraud and aggravated identity theft. He argues that the written judgment should be amended to accurately reflect the district court’s oral pronouncement at sentencing that it would recommend that Taylor participate in the 500-hour Residential Drug Abuse Treatment Program (RDAP) offered by the Bureau of Prisons (BOP). The written judgment recommends only a non-specific drug treatment program. Taylor contends that the BOP has several drug treatment programs but that only the RDAP can result in a sentence reduction. The Government agrees that the oral and written judgments are in conflict and that a remand for correction of the written judgment is appropriate.

Accordingly, the written judgement is AMENDED to conform to the court’s oral pronouncement recommending that Taylor participate in the RDAP specifically. See United States v. Wheeler, 322 F.3d 823, 828 (5th Cir. 2003); United States v. Castaneda, 494 Fed.Appx. 484, 485 (5th Cir. 2012) (unpublished); 28 U.S.C. § 2106. In all other respects to the judgment is AFFIRMED as amended. See Wheeler, 322 F.3d at 828; 28 U.S.C. § 2106.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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PER CURIAM: *

Ryan Scott Daniel Taylor appeals an aspect of the sentence imposed after he pleaded guilty to credit card fraud and aggravated identity theft. He argues that the written judgment should be amended to accurately reflect the district court’s oral pronouncement at sentencing that it would recommend that Taylor participate in the 500-hour Residential Drug Abuse Treatment Program (RDAP) offered by the Bureau of Prisons (BOP). The written judgment recommends only a non-specific drug treatment program. Taylor contends that the BOP has several drug treatment programs but that only the RDAP can result in a sentence reduction. The Government agrees that the oral and written judgments are in conflict and that a remand for correction of the written judgment is appropriate.

Accordingly, the written judgement is AMENDED to conform to the court’s oral pronouncement recommending that Taylor participate in the RDAP specifically. See United States v. Wheeler, 322 F.3d 823, 828 (5th Cir. 2003); United States v. Castaneda, 494 Fed.Appx. 484, 485 (5th Cir. 2012) (unpublished); 28 U.S.C. § 2106. In all other respects to the judgment is AFFIRMED as amended. See Wheeler, 322 F.3d at 828; 28 U.S.C. § 2106.

*

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.

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676 F. App'x 256, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-ryan-taylor-ca5-2017.

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