United States v. Marroquin, No. 16-40368 (5th Cir. 2018)Annotate this Case
The Fifth Circuit withdrew its prior opinion and issued the following opinion.
The court held that the district court erred by assigning criminal history points for both defendant's North Carolina offenses given that they were consolidated into a single judgment. Furthermore, such error was obvious and affected the fairness, integrity, or public reputation of judicial proceedings. In this case, the error reflected a basic misunderstanding of the state sentencing scheme under which defendant was sentenced. Therefore, the court vacated and remanded for resentencing.
This opinion or order relates to an opinion or order originally issued on October 31, 2017.