United States v. Altamirano-Lopez ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 97-50763
_____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RIGOBERTO ALTAMIRANO-LOPEZ, also
known as Ernesto Ochoa-Lopez,
Defendant-Appellant.
_______________________________________________________
Appeal from the United States District Court
for the Western District of Texas
(EP-96-CR-49-ALL)
_______________________________________________________
August 31, 1998
Before REAVLEY, DAVIS and DUHÉ, Circuit Judges.
PER CURIAM:*
The district court’s sentence of 70 months is affirmed. The
order of this court on the prior appeal “for resentencing
consistent herewith” (114 F.3d 48, 50) did not restrict the
district court to a sentence without the enhancement. It was to
resolve the uncertainty of the state judgment. When this court
remands for resentencing, without expressly limiting the district
court, it is expected that the court will determine the proper
*
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this opinion should not be published and is not precedent except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.
sentence, hearing additional evidence if necessary. See United
States v. Marmolejo, 139 F.3d 528 (5th Cir. 1998) and United
States v. Kinder, 980 F.2d 961 (5th cir. 1992).
The district court’s order incorrectly assessed $100 instead
of $50 for the special assessment, a clerical error or
inadvertent oversight. The cause is remanded for modification
and correction.
JUDGMENT AFFIRMED AS MODIFIED. CAUSE REMANDED FOR
CORRECTION.
2