Unpublished Disposition, 919 F.2d 741 (9th Cir. 1990)
Annotate this CaseRaul Jacinto ROCHA-ALANIS, Petitioner-Appellant,v.UNITED STATES of America, Respondent-Appellee.
No. 89-35441.
United States Court of Appeals, Ninth Circuit.
Submitted June 25, 1990.* Decided Dec. 6, 1990.
Before KOELSCH, CHOY and BEEZER, Circuit Judges.
ORDER
Rocha-Alanis appeals the sentence imposed on him pursuant to the plea agreement he entered in this case.
The plea agreement by its terms properly provided for a three-year term of "supervised release," the sentence required under the law in effect at the time Rocha-Alanis committed his crime. United States v. Torres, 880 F.2d 113, 115 (9th Cir. 1989). The judgment entered by the district court erroneously imposed a three-year term of "special parole."
The error in the judgment must be corrected. Compliance with sentencing statutes is mandatory. See United States v. Fernandez-Angulo, 897 F.2d 1514, 1516 (9th Cir. 1990). Nevertheless, because the error here is ministerial, resentencing is not required. Id. at 1517. Accordingly, we remand this matter to the district court with instruction to correct the error in the judgment entered against Rocha-Alanis.
REMANDED.
The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); Ninth Circuit Rule 34-4
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