United States v. Javier Cantu ( 2018 )

Case: 16-41275 Document: 00514480696 Page: 1 Date Filed: 05/21/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
FILED
No. 16-41275 May 21, 2018
Summary Calendar
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JAVIER LOPEZ CANTU,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:97-CR-20-1
Before REAVLEY, GRAVES, and HO, Circuit Judges.
PER CURIAM: *
Javier Lopez Cantu appeals the sentence imposed upon the revocation of
the term of supervised release he was serving for a money laundering offense.
He and the Government agree that the 30-month sentence exceeds the
statutory maximum of 24 months. See 18 U.S.C. § 1956(a), (h); 18 U.S.C.
§ 3559(a)(3); 18 U.S.C. § 3583(e)(3). We decline to review the sentence,
however, under the concurrent sentence doctrine as the district court also
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-41275 Document: 00514480696 Page: 2 Date Filed: 05/21/2018
No. 16-41275
imposed a concurrent revocation sentence of 30 months for a drug offense. See
United States v. Soape, 169 F.3d 257, 266 n.4 (5th Cir. 1999). To avoid any
adverse collateral consequences, we VACATE the sentence for the money
laundering offense and REMAND to the district court with instructions to
suspend its imposition. See United States v. Stovall, 825 F.2d 817, 824 (5th
Cir.), amended on other grounds by 833 F.2d 526 (5th Cir. 1987).
2