UNITED STATES v. CAMACHO MUNOZ (2020)

United States Court of Appeals, Eleventh Circuit.

UNITED STATES of America, Plaintiff - Appellee, v. Jonathan CAMACHO-MUNOZ, Defendant - Appellant.

No. 18-13750

Decided: April 01, 2020

Before JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK,* District Judge.

Linda Julin McNamara, U.S. Attorney Service - Middle District of Florida, U.S. Attorney's Office, Tampa, FL, for Plaintiff - Appellee Lynn Palmer Bailey, Federal Public Defender, Jacksonville, FL, Rosemary Cakmis, Federal Public Defender's Office, Orlando, FL, Mary A. Mills, Federal Public Defender's Office, Federal Public Defender's Office, Ocala, FL, for Defendant - Appellant

Following oral argument and review of the record, we vacate Jonathan Camacho-Munoz’s 24-month sentence and remand for resentencing. The district court was provided incorrect information about the co-defendant’s advisory guideline range and expressly took that information into account in deciding to vary upward by six months as to Mr. Camacho-Munoz’ sentence. See D.E. 68 at 13. The government, realizing the error, subsequently filed a motion under Rule 35 to correct the sentence. See D.E. 53. Under the circumstances, we conclude that the proper resolution is to allow the district court to resentence Mr. Camacho-Munoz with a correct understanding of the co-defendant’s advisory guideline range and ultimate sentence. See United States v. Battaglia, 478 F.2d 854 (5th Cir. 1972).

VACATED AND REMANDED.

PER CURIAM:

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