United States v. Fierro-Alvarado ( 2022 )


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  • Case: 20-10444     Document: 00516357657         Page: 1     Date Filed: 06/15/2022
    United States Court of Appeals
    for the Fifth Circuit                            United States Court of Appeals
    Fifth Circuit
    FILED
    June 15, 2022
    No. 20-10444
    Lyle W. Cayce
    Summary Calendar                           Clerk
    United States of America,
    Plaintiff—Appellee,
    versus
    Oscar Fierro-Alvarado,
    Defendant—Appellant.
    Appeal from the United States District Court
    for the Northern District of Texas
    USDC No. 4:19-CR-276-4
    Before Wiener, Dennis, and Haynes, Circuit Judges.
    Per Curiam:*
    Oscar Fierro-Alvarado pleaded guilty to one count of conspiracy to
    possess methamphetamine with intent to distribute and was sentenced to 235
    months of imprisonment and four years of supervised release. On appeal, he
    challenges conditions of supervised release numbers four and eight imposed
    *
    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    opinion should not be published and is not precedent except under the limited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: 20-10444      Document: 00516357657           Page: 2     Date Filed: 06/15/2022
    No. 20-10444
    in the written judgment, arguing that there is a conflict between the oral
    pronouncement and the written judgment.            The challenged conditions
    require Fierro-Alvarado to “support [his] dependents and meet other family
    responsibilities” and to “not frequent places where controlled substances are
    illegally sold, used, distributed, or administered.” The Government has filed
    a motion to reform the judgment to omit the challenged conditions and
    affirm. Alternatively, the Government requests an extension of time to file
    its brief.
    Inclusion of the two challenged conditions 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, Fierro-Alvarado’s sentence is VACATED in part and
    REMANDED to the district court to amend the written judgment to
    remove conditions four and eight. In all other respects, the judgment is
    AFFIRMED. The Government’s motion to reform the judgment or,
    alternatively, to extend the time to file a brief is DENIED as MOOT.
    2
    

Document Info

Docket Number: 20-10444

Filed Date: 6/15/2022

Precedential Status: Non-Precedential

Modified Date: 6/15/2022