United States v. Nicolas Alanis-Soto , 570 F. App'x 432 ( 2014 )

Case: 13-40920 Document: 00512655510 Page: 1 Date Filed: 06/06/2014
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 13-40920
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 6, 2014
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
NICOLAS ALANIS-SOTO,
Defendant−Appellant.
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:13-CR-333-1
Before JOLLY, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM: *
Nicolas Alanis-Soto appeals a condition of supervised release (“SR”)
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 13-40920 Document: 00512655510 Page: 2 Date Filed: 06/06/2014
No. 13-40920
imposed, along with a twenty-seven-month term of imprisonment and three-
year term of SR, following his guilty-plea conviction of being unlawfully pres-
ent in the United States after deportation. See 8 U.S.C. § 1326(a), (b)(2). The
district court stated at sentencing that, as a special condition of his SR, Alanis-
Soto must “not use any name other than [his] true name or true date of birth
nor possess any false or fraudulent identification documents.”
Alanis-Soto contends that, under the facts, the “true name” condition is
not reasonably related to the purposes of SR and is a greater deprivation of
liberty than reasonably necessary because it violates his First Amendment
right to free speech. Specifically, he asserts that the condition is a content-
based restriction not sufficiently narrowly tailored to accommodate his First
Amendment rights. Because his position requires an extension of United
States v. Alvarez, 132 S. Ct. 2537, 2544-47 (2012), rather than a straight-
forward application of that case, any error on the part of the district court was
not clear or obvious. See United States v. Vargas-Soto, 700 F.3d 180, 182 (5th
Cir. 2012).
The written judgment did not include the “true name” condition included
in the oral sentence. We therefore REFORM the judgment to include the spe-
cial condition of SR that Alanis-Soto not use any name other than his true
name or true date of birth, nor possess any false or fraudulent identification
document. See 28 U.S.C. § 2106; United States v. Bigelow, 462 F.3d 378, 381
(5th Cir. 2006). We AFFIRM the judgment as modified. See United States v.
Mondragon-Santiago, 564 F.3d 357, 369 (5th Cir. 2009).
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