United States v. Ramon Bazan, III ( 2018 )

Case: 17-40132 Document: 00514292730 Page: 1 Date Filed: 01/03/2018
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit
No. 17-40132 FILED
Summary Calendar January 3, 2018
Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff−Appellee,
versus
RAMON BAZAN, III,
Defendant−Appellant.
Appeal from the United States District Court
for the Southern District of Texas
No. 2:03-CR-230-1
Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges.
PER CURIAM: *
Ramon Bazan, III, appeals the 120-month sentence imposed on resen-
tencing for being a felon in possession of a firearm. The district court granted
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 17-40132 Document: 00514292730 Page: 2 Date Filed: 01/03/2018
No. 17-40132
Bazan’s 28 U.S.C. § 2255 motion and vacated his original 240-month sentence
under the Armed Career Criminal Act in light of Johnson v. United States,
135 S. Ct. 2551, 2555−57, 2563 (2015).
Bazan contends that the district court violated the Ex Post Facto Clause
in applying the version of the Sentencing Guidelines in effect at resentencing
instead of the version in effect when the offense was committed. We do not
decide whether the district court erred, because any error was harmless. See
United States v. Delgado-Martinez, 564 F.3d 750, 753 (5th Cir. 2009); United
States v. Rodarte-Vasquez, 488 F.3d 316, 322 (5th Cir. 2007). The district
court’s statements at resentencing indicate “that the district court had a partic-
ular sentence in mind and would have imposed it, notwithstanding the error.”
Delgado-Martinez, 564 F.3d at 753 (internal quotation marks and citation
omitted).
The judgment is AFFIRMED.
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