United States v. Pacomio Blanco-Ruiz ( 2023 )


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  • USCA11 Case: 23-11097    Document: 19-1     Date Filed: 06/27/2023   Page: 1 of 3
    [DO NOT PUBLISH]
    In the
    United States Court of Appeals
    For the Eleventh Circuit
    ____________________
    No. 23-11097
    Non-Argument Calendar
    ____________________
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee,
    versus
    PACOMIO BLANCO-RUIZ,
    Defendant-Appellant.
    ____________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    D.C. Docket No. 1:19-cr-00454-WMR-CCB-1
    ____________________
    USCA11 Case: 23-11097     Document: 19-1      Date Filed: 06/27/2023    Page: 2 of 3
    2                      Opinion of the Court                23-11097
    Before WILSON, LUCK, and BLACK, Circuit Judges.
    PER CURIAM:
    Pacomio Blanco‑Ruiz appeals from the district court’s writ-
    ten judgment ordering an eight‑month term of imprisonment fol-
    lowing the revocation of his supervised release. He asserts his sen-
    tence should be vacated and remanded for imposition of a cor-
    rected judgment because the written judgment conflicts with the
    oral pronouncement at sentencing. The Government agrees that
    we should remand to allow the district court to correct the judg-
    ment to conform with the six-month term.
    “When a sentence pronounced orally and unambiguously
    conflicts with the written order of judgment, the oral pronounce-
    ment governs.” United States v. Bates, 
    213 F.3d 1336
    , 1340 (11th Cir.
    2000). The remedy for a conflict between an orally pronounced
    sentence and the written judgment is a limited remand with in-
    structions to amend the judgment to conform to the oral pro-
    nouncement. United States v. Chavez, 
    204 F.3d 1305
    , 1316 (11th Cir.
    2000).
    The written judgment unambiguously contradicts the oral
    pronouncement at sentencing because it imposes an eight‑month
    sentence, but the district court said twice at sentencing that it was
    varying downward from eight months to six months. Blanco-Ruiz
    does not offer any other arguments challenging the revocation of
    his supervised release or his six-month sentence, and therefore, has
    abandoned any such challenges. See United States v. Campbell, 26
    USCA11 Case: 23-11097      Document: 19-1       Date Filed: 06/27/2023     Page: 3 of 3
    23-11097                Opinion of the Court                          
    3 F.4th 860
    , 873 (11th Cir.) (en banc), cert. denied, 
    143 S. Ct. 95 (2022)
    (stating an issue not raised on appeal will be deemed abandoned
    and will not be addressed on appeal absent extraordinary circum-
    stances). Accordingly, we affirm the revocation of Blanco-Ruiz’s
    supervised release and his sentence and remand to the district court
    for the limited purpose of correcting the judgment to conform with
    the oral pronouncement of a six-month term of imprisonment.
    AFFIRMED and REMANDED.
    

Document Info

Docket Number: 23-11097

Filed Date: 6/27/2023

Precedential Status: Non-Precedential

Modified Date: 6/27/2023