Case: 18-13750 Date Filed: 04/01/2020 Page: 1 of 2
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 18-13750
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D.C. Docket No. 5:18-cr-00012-RBD-PRL-1
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
JONATHAN CAMACHO-MUNOZ,
Defendant - Appellant.
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Appeal from the United States District Court
for the Middle District of Florida
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(April 1, 2020)
Before JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK,∗ District
Judge.
∗Honorable Jeffrey U. Beaverstock, United States District Judge for the Southern District of
Alabama, sitting by designation.
Case: 18-13750 Date Filed: 04/01/2020 Page: 2 of 2
PER CURIAM:
Following oral argument and review of the record, we vacate Jonathan
Camacho-Munoz’s 24-month sentence and remand for resentencing. The district
court was provided incorrect information about the co-defendant’s advisory
guideline range and expressly took that information into account in deciding to vary
upward by six months as to Mr. Camacho-Munoz’ sentence. See D.E. 68 at 13. The
government, realizing the error, subsequently filed a motion under Rule 35 to correct
the sentence. See D.E. 53. Under the circumstances, we conclude that the proper
resolution is to allow the district court to resentence Mr. Camacho-Munoz with a
correct understanding of the co-defendant’s advisory guideline range and ultimate
sentence. See United States v. Battaglia,
478 F.2d 854 (5th Cir. 1972).
VACATED AND REMANDED.
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