USA v. Rojas-Samaniego, No. 07-41157 (5th Cir. 2008)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-41157 Summary Calendar July 22, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. ARMANDO ROJAS-SAMANIEGO Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:05-PO-1125-ALL Before JOLLY, BENAVIDES, and HAYNES, Circuit Judges. PER CURIAM:* Armando Rojas-Samaniego (Rojas) appeals the 15-month sentence imposed upon revocation of unsupervised probation. As the Government concedes, the sentence was plainly erroneous because the maximum sentence that could have been lawfully imposed was six months. See 8 U.S.C. § 1325(a); 18 U.S.C. §§ 3551(a), 3565(a)(2). The sentence is VACATED and the case is REMANDED for resentencing. See United States v. Coil, 442 F.3d 912, 914 (5th Cir. 2006). * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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