USA v. Gregorio Gonzalez-Longoria, No. 15-40041 (5th Cir. 2018)

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This opinion or order relates to an opinion or order originally issued on February 10, 2016.

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Case: 15-40041 Document: 00514554789 Page: 1 Date Filed: 07/13/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 15-40041 United States Court of Appeals Fifth Circuit FILED July 13, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff - Appellee v. GREGORIO GONZALEZ-LONGORIA, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before STEWART, Chief Judge, and JOLLY, DAVIS, JONES, SMITH, DENNIS, CLEMENT, OWEN, ELROD, SOUTHWICK, HAYNES, GRAVES, HIGGINSON, COSTA, WILLETT, HO, DUNCAN, and ENGELHARDT Circuit Judges. CARL E. STEWART, Chief Judge: Mr. Gonzalez-Longoria raised in this appeal a challenge to the assessment of a Sentencing Guideline enhancement based on the classification of his prior Texas conviction as an aggravated felony. Mr. Gonzalez-Longoria has been released from imprisonment and no longer wishes to pursue any Case: 15-40041 Document: 00514554789 Page: 2 Date Filed: 07/13/2018 No. 15-40041 challenge to his term of imprisonment or Sentencing Guideline calculation. Accordingly, we DISMISS his appeal as to these issues. Mr. Gonzalez-Longoria also challenged the description in the judgment of his offense as being an illegal reentry after “having previously been convicted of an aggravated felony.” We REMAND to the district court for the limited purpose of correcting the judgment to reflect the correct offense of conviction by elimination of the clause “having previously been convicted of an aggravated felony.” United States v. Ovalle-Garcia, 868 F.3d 313, 314 (5th Cir. 2017). There being no further issues pending before the court, we do not retain jurisdiction. Mandate to issue forthwith. 2

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