UNITED STATES v. ROSALES MIRELES (2018)

United States Court of Appeals, Fifth Circuit.

UNITED STATES of America, Plaintiff–Appellee, v. Florencio ROSALES-MIRELES, also known as Roberto Lozano-Alcauter, Defendant–Appellant.

No. 16-50151

Decided: August 10, 2018

Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges.

Joseph H. Gay, Jr., Assistant U.S. Attorney, Nikhil Bhagat, U.S. Attorney's Office Western District of Texas, San Antonio, TX, for Plaintiff-Appellee. Kristin L. Davidson, Assistant Federal Public Defender, Maureen Scott Franco, Federal Public Defender, Federal Public Defender's Office Western District of Texas, San Antonio, TX, for Defendant-Appellant.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Florencio Rosales-Mireles pleaded guilty of illegal reentry into the United States and was convicted and sentenced. The sentence was based in part on unobjected-to error. On appeal, this court declined to exercise discretion to afford plain-error relief and affirmed. United States v. Rosales-Mireles, 850 F.3d 246 (5th Cir. 2017). The Supreme Court reversed and remanded. Rosales-Mireles v. United States, ––– U.S. ––––, 138 S.Ct. 1897, ––– L.Ed.2d –––– (2018).

On remand, the United States and the Federal Public Defender filed a joint motion to vacate the sentence and remand for resentencing. Although we are not bound even by a joint motion, we agree that the request is appropriate. The motion is GRANTED. The judgment of sentence is VACATED and REMANDED for resentencing.

PER CURIAM:

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