United States v. Carrizal-Ramos ( 2021 )


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  • Case: 20-10025      Document: 00516145248         Page: 1     Date Filed: 12/27/2021
    United States Court of Appeals
    for the Fifth Circuit                                United States Court of Appeals
    Fifth Circuit
    FILED
    No. 20-10025                         December 27, 2021
    Summary Calendar
    Lyle W. Cayce
    Clerk
    United States of America,
    Plaintiff—Appellee,
    versus
    Julio Carrizal-Ramos,
    Defendant—Appellant.
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:19-CR-179-1
    Before King, Costa, and Ho, Circuit Judges.
    Per Curiam:*
    Julio Carrizal-Ramos appeals the sentence imposed following his
    conviction for illegal reentry after deportation, 
    8 U.S.C. § 1326
    (a) and (b)(1).
    In particular, he contends that the district court abused its discretion by
    including a standard condition of release in his judgment that prohibits him
    *
    Pursuant to 5th Circuit Rule 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    opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
    Case: 20-10025      Document: 00516145248           Page: 2    Date Filed: 12/27/2021
    No. 20-10025
    from frequenting places where controlled substances are illegally sold, used,
    distributed, or administered. He argues that the condition is not listed in the
    standard conditions of release set forth in the Guidelines Manual applicable
    to his case and that it should have been pronounced at sentencing.
    Inclusion of the challenged condition in the written judgment conflicts
    with the oral pronouncement of sentence. See United States v. Diggles, 
    957 F.3d 551
    , 559-63 & n.5 (5th Cir.) (en banc), cert. denied, 
    141 S. Ct. 825
     (2020);
    United States v. Mireles, 
    471 F.3d 551
    , 558 (5th Cir. 2006). Accordingly, we
    MODIFY the judgment to strike the condition and AFFIRM the judgment
    as MODIFIED.
    2
    

Document Info

Docket Number: 20-10025

Filed Date: 12/27/2021

Precedential Status: Non-Precedential

Modified Date: 12/28/2021