United States v. Perez-Robledo ( 2006 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 9, 2006
Charles R. Fulbruge III
Clerk
No. 05-41528
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ROGELIO PEREZ-ROBLEDO,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:05-CR-465-ALL
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Before HIGGINBOTHAM, BENAVIDES, and OWEN, Circuit Judges.
PER CURIAM:*
Rogelio Perez-Robledo (Perez) appeals the sentence imposed
upon his guilty-plea conviction for attempted illegal reentry
after deportation subsequent to conviction for an aggravated
felony. However, Perez knowingly and voluntarily waived his
appellate rights, the Government seeks to enforce the waiver,
Perez’s sentencing claim does not fall within any of the
exceptions to the appeal waiver, and the plain language of the
waiver bars this appeal. See United States v. Story, 439 F.3d
*
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this opinion should not be published and is not precedent except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.
No. 05-41528
-2-
226, 230-31 (5th Cir. 2006); United States v. Bond, 414 F.3d 542,
546 (5th Cir. 2005); United States v. McKinney, 406 F.3d 744, 746
(5th Cir. 2005).
Although Perez’s claim is barred, there is a clerical error
in the judgment that requires remand. See United States v.
Johnson, 588 F.2d 961, 964 (5th Cir. 1979). The judgment of
conviction indicates that the offense to which Perez pleaded
guilty was illegal reentry rather than the separate and distinct
offense of attempted illegal reentry. See United States v.
Angeles-Mascote, 206 F.3d 529, 531-32 (5th Cir. 2000). The
indictment and the guilty-plea-hearing transcript reveal that
Perez pleaded guilty to attempted illegal reentry following
deportation subsequent to conviction for an aggravated felony.
See 8 U.S.C. § 1326(b). Accordingly, the judgment is affirmed,
and this case is remanded for the limited purpose of correcting
the clerical error in the judgment. See FED. R. CRIM. P. 36.
AFFIRMED; REMANDED FOR THE LIMITED PURPOSE OF CORRECTING
CLERICAL ERROR IN JUDGMENT.