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UNITED STATES of America, Plaintiff-Appellee v. Javier Lopez CANTU, Defendant-Appellant
Javier Lopez Cantu appeals the sentence imposed upon the revocation of the term of supervised release he was serving for a money laundering offense. He and the Government agree that the 30-month sentence exceeds the statutory maximum of 24 months. See 18 U.S.C. § 1956(a), (h); 18 U.S.C. § 3559(a)(3); 18 U.S.C. § 3583(e)(3). We decline to review the sentence, however, under the concurrent sentence doctrine as the district court also imposed a concurrent revocation sentence of 30 months for a drug offense. See United States v. Soape, 169 F.3d 257, 266 n.4 (5th Cir. 1999). To avoid any adverse collateral consequences, we VACATE the sentence for the money laundering offense and REMAND to the district court with instructions to suspend its imposition. See United States v. Stovall, 825 F.2d 817, 824 (5th Cir.), amended on other grounds by 833 F.2d 526 (5th Cir. 1987).
FOOTNOTES
PER CURIAM: * FN* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Docket No: No. 16-41275
Decided: May 21, 2018
Court: United States Court of Appeals, Fifth Circuit.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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