United States v. Oscar Rodriguez-Albir

Case: 15-40043 Document: 00513154984 Page: 1 Date Filed: 08/14/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
August 14, 2015
No. 15-40043
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
OSCAR RODRIGUEZ-ALBIR, also known as Oscar Rodriguez-Elvir,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:11-CR-222-1
Before DAVIS, JONES, and GRAVES, Circuit Judges.
PER CURIAM: *
Oscar Rodriguez-Albir appeals the district court’s reimposition of a $100
special assessment after the court revoked his supervised release. A review of
the revocation hearing transcript reveals that the district court made no
findings as to whether Rodriguez-Albir satisfied the special assessment
imposed at his original sentencing and did not orally reimpose the special
assessment. Thus, as the Government concedes, there is a conflict between the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-40043 Document: 00513154984 Page: 2 Date Filed: 08/14/2015
No. 15-40043
oral pronouncement and the written judgment, and the oral pronouncement
controls. See United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001).
Accordingly, we VACATE IN PART and REMAND for the district court to
delete the reimposition of the $100 special assessment from the written
judgment. See 28 U.S.C. § 2106.
2