USA v. Nicolas Alanis-Soto, No. 13-40920 (5th Cir. 2014)
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Case: 13-40920 Document: 00512655510 Page: 1 Date Filed: 06/06/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 13-40920 Summary Calendar United States Court of Appeals Fifth Circuit FILED June 6, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff Appellee, versus NICOLAS ALANIS-SOTO, Defendant Appellant. Appeal from the United States District Court for the Southern District of Texas USDC No. 2:13-CR-333-1 Before JOLLY, SMITH, and CLEMENT, Circuit Judges. PER CURIAM: * Nicolas Alanis-Soto appeals a condition of supervised release ( SR ) 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 13-40920 Document: 00512655510 Page: 2 Date Filed: 06/06/2014 No. 13-40920 imposed, along with a twenty-seven-month term of imprisonment and threeyear term of SR, following his guilty-plea conviction of being unlawfully present in the United States after deportation. See 8 U.S.C. § 1326(a), (b)(2). The district court stated at sentencing that, as a special condition of his SR, AlanisSoto must not use any name other than [his] true name or true date of birth nor possess any false or fraudulent identification documents. Alanis-Soto contends that, under the facts, the true name condition is not reasonably related to the purposes of SR and is a greater deprivation of liberty than reasonably necessary because it violates his First Amendment right to free speech. Specifically, he asserts that the condition is a contentbased restriction not sufficiently narrowly tailored to accommodate his First Amendment rights. Because his position requires an extension of United States v. Alvarez, 132 S. Ct. 2537, 2544-47 (2012), rather than a straightforward application of that case, any error on the part of the district court was not clear or obvious. See United States v. Vargas-Soto, 700 F.3d 180, 182 (5th Cir. 2012). The written judgment did not include the true name condition included in the oral sentence. We therefore REFORM the judgment to include the special condition of SR that Alanis-Soto not use any name other than his true name or true date of birth, nor possess any false or fraudulent identification document. See 28 U.S.C. § 2106; United States v. Bigelow, 462 F.3d 378, 381 (5th Cir. 2006). We AFFIRM the judgment as modified. See United States v. Mondragon-Santiago, 564 F.3d 357, 369 (5th Cir. 2009). 2
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