UNITED STATES OF AMERICA v. RAMON CARRILLO HERNANDEZ (2017)

Ramon Carrillo-Hernandez pleaded guilty to being an alien unlawfully found in the United States after a previous deportation subsequent to an aggravated felony conviction. The district court sentenced him to 48 months of imprisonment and a three-year term of supervised release. At sentencing, the district court recommended that Carrillo-Hernandez participate in an alcohol abuse treatment program while in prison. The written judgment, however, recommended that he participate “in an alcohol and/or drug abuse evaluation and treatment program.” Carrillo-Hernandez contends that the written judgment's deviation from the oral pronouncement is a clerical error and asks this court to remand the case to the district court for a correction of the judgment under Federal Rule of Criminal Procedure 36. We AFFIRM and REMAND to the district court for correction of this clerical error. See FED. R. CRIM. P. 36; United States v. Mudd, 685 F.3d 473, 480 (5th Cir. 2012).

PER CURIAM:*