United States v. Sanjuan

Opinion

Case: 24-40061 Document: 73-1 Page: 1 Date Filed: 10/07/2024

United States Court of Appeals for the Fifth Circuit

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United States Court of Appeals Fifth Circuit

No. 24-40061 Summary Calendar FILED ____________ October 7, 2024 Lyle W. Cayce

United States of America, Clerk

Plaintiff—Appellee,

versus

Faustino Sanjuan, Jr.,

Defendant—Appellant.

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Appeal from the United States District Court for the Eastern District of Texas USDC Nos. 4:19-CR-172-10, 4:21-CR-166-4

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Before Wiener, Ho, and Ramirez, Circuit Judges. Per Curiam: * Faustino Sanjuan, Jr., appeals the sentences imposed following his guilty plea convictions of conspiracy to possess with intent to distribute cocaine and conspiracy with intent to manufacture and distribute 500 grams or more of methamphetamine or 50 grams or more of methamphetamine (actual). The parties have filed a joint motion to vacate the sentences and to

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*

This opinion is not designated for publication. See 5th Cir. R. 47.5.

Case: 24-40061 Document: 73-1 Page: 2 Date Filed: 10/07/2024

No. 24-40061

remand for resentencing based on the Government’s breach of the plea agreement or, alternatively, a motion for an extension of time to file an Appellee’s brief. We have reviewed the record, Hayden’s brief, and the motion and conclude that vacatur and remand for resentencing are warranted. See United States v. Malmquist, 92 F.4th 555, 562-66 (5th Cir. 2024). In such cases, resentencing should be before a different district court judge. United States v. Gonzalez, 309 F.3d 882, 886 (5th Cir. 2002).

The joint motion to vacate and to remand for resentencing is GRANTED. The motion for an extension of time to file an Appellee’s brief is DENIED AS MOOT. This matter is REMANDED FOR RESENTENCING before a different district court judge.