USA v. Carlos Paz-Lazo, No. 12-40859 (5th Cir. 2013)
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Case: 12-40859 Document: 00512282005 Page: 1 Date Filed: 06/20/2013 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED No. 12-40859 Summary Calendar June 20, 2013 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. CARLOS SAUL PAZ-LAZO, Defendant-Appellant Appeals from the United States District Court for the Southern District of Texas USDC No. 1:12-CR-241-1 Before REAVLEY, DAVIS, and OWEN, Circuit Judges. PER CURIAM:* It is undisputed that the written judgment convicting Carlos Saul PazLazo of unlawful presence in the United States incorrectly states that he previously was deported following conviction for an aggravated felony. The parties disagree as to whether the proper remedy under 28 U.S.C. § 2106 is remand for the district court to enter a modified judgment or for this court itself to modify and affirm the judgment. The best reading of [§ 2106] confers discretion either to reform the judgment or to remand for the district to do so. * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40859 Document: 00512282005 Page: 2 Date Filed: 06/20/2013 No. 12-40859 United States v. Hermoso, 484 F. App x 970, 973 (5th Cir. 2012) (unpublished but persuasive). The judgment is AFFIRMED as modified to reflect Paz-Lazo s conviction under 8 U.S.C. § 1326(a) and (b)(1) as an alien unlawfully found in the United States after deportation, having previously been convicted of a felony. 2
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