USA v. Jorge Almanza-Torres, No. 09-40763 (5th Cir. 2010)

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Case: 09-40763 Document: 00511093935 Page: 1 Date Filed: 04/28/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 09-40763 Summary Calendar April 28, 2010 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JORGE ARMANDO ALMANZA-TORRES, Defendant-Appellant. Appeal from the United States District Court for the Southern District of Texas No. 7:09-CR-321-1 Before DAVIS, SMITH, and DENNIS, Circuit Judges. PER CURIAM:* Jorge Almanza-Torres pleaded guilty of having been unlawfully present in the United States. He argues on appeal, and the government concedes, that * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40763 Document: 00511093935 Page: 2 No. 09-40763 Date Filed: 04/28/2010 the case should be remanded for correction of clerical errors in the Statement of Reasons, which incorrectly says that the guideline range of imprisonment was based on a total offense level that included a 16-level enhancement pursuant to U.S.S.G. § 2L1.2(b)(1)(A); that the sentence imposed was within the guidelines range of imprisonment; and that an upward departure or variance was not imposed. We remand solely for correction of the clerical errors in the Statement of Reasons. F ED. R. C RIM. P. 36. The conviction and sentence are AFFIRMED. 2

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