USA v. Florencio Rosales-Mireles, No. 16-50151 (5th Cir. 2018)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on March 6, 2017.
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Case: 16-50151 Document: 00514594435 Page: 1 Date Filed: 08/10/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT __________ No. 16-50151 __________ United States Court of Appeals Fifth Circuit FILED August 10, 2018 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff−Appellee, versus FLORENCIO ROSALES-MIRELES, Also Known as Roberto Lozano-Alcauter, Defendant−Appellant. _______________________ Appeal from the United States District Court for the Western District of Texas _______________________ ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before SMITH, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM: Florencio Rosales-Mireles pleaded guilty of illegal reentry into the United States and was convicted and sentenced. The sentence was based in part on unobjected-to error. On appeal, this court declined to exercise Case: 16-50151 Document: 00514594435 Page: 2 Date Filed: 08/10/2018 No. 16-50151 discretion to afford plain-error relief and affirmed. United States v. RosalesMireles, 850 F.3d 246 (5th Cir. 2017). The Supreme Court reversed and remanded. Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018). On remand, the United States and the Federal Public Defender filed a joint motion to vacate the sentence and remand for resentencing. Although we are not bound even by a joint motion, we agree that the request is appropriate. The motion is GRANTED. The judgment of sentence is VACATED and REMANDED for resentencing. 2
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