USA v. Gonzalez-Fernandez, No. 08-40207 (5th Cir. 2008)
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The court issued a subsequent related opinion or order on January 8, 2009.
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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 08-40207 Summary Calendar November 4, 2008 Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA Plaintiff-Appellee v. OMAR GONZALEZ-FERNANDEZ, also known as Omar Fernandez-Gonzalez, also known as Carlos Gonzalez-Hernandez, also known as Carlos Manuel Gonzalez-Hernandez, also known as Omar Hernandez-Gonzalez Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:07-CR-1456-ALL Before REAVLEY, DAVIS, and ELROD, Circuit Judges. PER CURIAM:* Omar Gonzalez-Fernandez appeals the sentence imposed following his guilty plea conviction for illegal reentry following a previous deportation. He argues that the district court s written judgment of sentence conflicts with its oral pronouncement of sentence. The Government agrees. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 08-40207 At the sentencing hearing, the district court imposed a supervised release term of two years. However, the written judgment reflects a three-year term of supervised release. Because the written judgment in this case conflicts with the oral pronouncement of judgment, the oral pronouncement controls. See United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001). Accordingly, the case is remanded for the district court to amend its written judgment to conform to its oral pronouncement of sentence. See id. REMANDED. 2
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