UNITED STATES v. GONZALEZ LONGORIA (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff-Appellee, v. Gregorio GONZALEZ-LONGORIA, Defendant-Appellant.

No. 15-40041

Decided: July 13, 2018

Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, and ENGELHARDT Circuit Judges.

John Patrick Taddei, Esq., Trial Attorney, U.S. Department of Justice, Criminal Division, Suite 1712, 950 Pennsylvania Avenue, N.W., Washington, DC 20530, John A. Reed, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Suite 2300, 1000 Louisiana Street, Houston, TX 77002, for Plaintiff-Appellee. Marjorie A. Meyers, Federal Public Defender, Michael Lance Herman, Assistant Federal Public Defender, Evan Gray Howze, Assistant Federal Public Defender, Federal Public Defender's Office, Southern District of Texas, Suite 1350, 440 Louisiana Street, Houston, TX 77002, for Defendant-Appellant.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Mr. Gonzalez-Longoria raised in this appeal a challenge to the assessment of a Sentencing Guideline enhancement based on the classification of his prior Texas conviction as an aggravated felony. Mr. Gonzalez-Longoria has been released from imprisonment and no longer wishes to pursue any challenge to his term of imprisonment or Sentencing Guideline calculation. Accordingly, we DISMISS his appeal as to these issues.

Mr. Gonzalez-Longoria also challenged the description in the judgment of his offense as being an illegal reentry after “having previously been convicted of an aggravated felony.” We REMAND to the district court for the limited purpose of correcting the judgment to reflect the correct offense of conviction by elimination of the clause “having previously been convicted of an aggravated felony.” United States v. Ovalle-Garcia, 868 F.3d 313, 314 (5th Cir. 2017). There being no further issues pending before the court, we do not retain jurisdiction. Mandate to issue forthwith.

CARL E. STEWART, Chief Judge:

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