UNITED STATES v. CASABON RAMIREZ (2018)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Esteban Casabon-Ramirez was sentenced to 20 months in prison after being convicted of illegally re-entering the United States in violation of 8 U.S.C. § 1326(a) and (b)(2). On appeal, Casabon-Ramirez argued that the district court plainly erred by convicting and sentencing him under § 1326(b)(2) because his prior New York conviction for sexual abuse did not qualify as a “crime of violence” under 18 U.S.C. § 16(b) or an “aggravated felony” under 8 U.S.C. § 1101(a)(43)(F). We affirmed. United States v. Casabon-Ramirez, 706 F. App'x 214 (5th Cir. 2017) (per curiam).

The Supreme Court granted Casabon-Ramirez’s petition for a writ of certiorari, vacated our judgment, and remanded for further consideration in light of Sessions v. Dimaya, ––– U.S. ––––, 138 S.Ct. 1204, 200 L.Ed.2d 549 (2018) (holding that 18 U.S.C. § 16(b)’s residual clause is unconstitutionally vague). In light of Dimaya, the parties agree that the district court’s judgment should be corrected to reflect that Casabon-Ramirez was convicted and sentenced under 8 U.S.C. § 1326(b)(1) rather than § 1326(b)(2). Although we could remand for the district court to make this correction, we may do so ourselves. See 28 U.S.C. § 2106; see also United States v. Godoy, 890 F.3d 531, 542 (5th Cir. 2018).

Accordingly, the district court’s judgment is hereby MODIFIED to reflect that Casabon-Ramirez was convicted and sentenced under 8 U.S.C. § 1326(a) and (b)(1). As thus modified, the judgment is AFFIRMED.

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PER CURIAM: ** FN** Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.