USA v. Maria Sarabia, No. 18-40129 (5th Cir. 2018)
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Case: 18-40129 Document: 00514687821 Page: 1 Date Filed: 10/18/2018 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 18-40129 Summary Calendar United States Court of Appeals Fifth Circuit FILED October 18, 2018 UNITED STATES OF AMERICA, Lyle W. Cayce Clerk Plaintiff-Appellee v. MARIA DEL CARMEN SARABIA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 5:17-CR-358-2 Before SMITH, WIENER, and WILLETT, Circuit Judges. PER CURIAM: * Without benefit of a plea agreement, Defendant-Appellant Maria Del Carmen Sarabia pleaded guilty to conspiracy to possess with intent to distribute methamphetamine and to two counts of aiding and abetting possession with intent to distribute methamphetamine. On appeal, she contends that the judgment reflects incorrect end dates for all three offenses. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 18-40129 Document: 00514687821 Page: 2 Date Filed: 10/18/2018 No. 18-40129 The Government concurs, and our independent review of the record confirms the clerical error. Federal Rule of Criminal Procedure 36 states: “After giving any notice it considers appropriate, the court may at any time correct a clerical error in a judgment, order, or other part of the record, or correct an error in the record arising from oversight or omission.” A limited remand is appropriate here and is GRANTED for the sole purpose of correcting the judgment to reflect correct end dates for each offense. The judgment is otherwise AFFIRMED. 2
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