USA v. Castillo-Lucio, No. 07-40752 (5th Cir. 2009)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on December 5, 2007.
Download PDF
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED July 2, 2009 No. 07-40752 Conference Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. SANTIAGO CASTILLO-LUCIO also known as, Edgar Santiago Castillo-Lucio Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 1:07-cr-47 ON REMAND FROM THE SUPREME COURT Before JOLLY, HIGGINBOTHAM, and PRADO, Circuit Judges. PER CURIAM:* In 2007, Defendant-Appellant Santiago Castillo-Lucio pleaded guilty to the charge of being found unlawfully present within the United States after removal subsequent to an aggravated felony conviction. After sentencing, Castillo-Lucio appealed his sentence, specifically the eight-level aggravated felony enhancement based on an earlier conviction for unauthorized use of a motor * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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. No. 07-40752 vehicle under Texas law. Recognizing that circuit precedent foreclosed his argument, Castillo-Lucio moved for summary affirmance so that he could seek review in the Supreme Court. We granted the motion and affirmed the district court. See United States v. Castillo-Lucio, 256 F. App x 720 (5th Cir. 2007) (per curiam). After he petitioned for a writ of certiorari, the Supreme Court vacated our decision and remanded the case for consideration in light of Begay v. United States, 128 S. Ct. 1581 (2008), and Chambers v. United States, 129 S. Ct. 687 (2009). See Castillo-Lucio v. United States, 129 S. Ct. 993 (2009) (mem.). As the parties now agree, the district court committed a procedural error in sentencing Castillo-Lucio, and we must therefore vacate the sentence and remand for resentencing. See United States v. Armendariz-Moreno, ___ F.3d ____, 2009 WL 1653551, at *1 (5th Cir. 2009). On remand, the district court may also consider Castillo-Lucio s request for reformation of the judgment. SENTENCE VACATED and REMANDED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
