United States v. Adan Vega-Salazar ( 2017 )

Case: 16-41670 Document: 00514108838 Page: 1 Date Filed: 08/09/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 16-41670
FILED
August 9, 2017
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff - Appellee
v.
ADAN VEGA-SALAZAR,
Defendant - Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:16-CR-1037-1
Before BARKSDALE, PRADO, and OWEN, Circuit Judges.
PER CURIAM: *
Adan Vega-Salazar pleaded guilty to one count of importing 500 grams
or more of cocaine, in violation of 21 U.S.C. §§ 952(a), 960(a)(1), 960(b)(2); and
18 U.S.C. § 2. His written judgment, however, describes the nature of his
offense as “[i]mporting 500 kilograms or more” of cocaine. (Emphasis added.)
* Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5th Cir.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.
Case: 16-41670 Document: 00514108838 Page: 2 Date Filed: 08/09/2017
No. 16-41670
For his sole issue on appeal, Vega-Salazar requests his judgment be
corrected. As the Government concedes, the judgment contains a non-
harmless clerical error.
Accordingly, we affirm and remand to the district court for correction of
the clerical error. See Fed. R. Crim. P. 36; United States v. Powell, 354 F.3d
362, 371–72 (5th Cir. 2003); United States v. Sapp, 439 F.2d 817, 821 (5th Cir.
1971).
AFFIRMED and REMANDED with instruction.
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