USA v. Walter Leonardo, No. 10-50382 (5th Cir. 2012)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 26, 2011.
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Case: 10-50382 Document: 00511748640 Page: 1 Date Filed: 02/06/2012 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 10-50382 Summary Calendar February 6, 2012 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. WALTER LEONARDO, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 2:09-CR-1079-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges. PER CURIAM:* The Supreme Court vacated the judgment and remanded the case for further consideration in light of Tapia v. United States, 564 U.S. ___, 131 S. Ct. 2382 (2011). The statement of the district judge at sentencing does support the contention that a longer sentence was given for medical care and * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-50382 Document: 00511748640 Page: 2 Date Filed: 02/06/2012 No. 10-50382 the law is clear now that this was error. We therefore vacate the sentence and remand for resentencing. Sentence VACATED; REMANDED for resentencing. 2
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