USA v. Perez-Espinoza, No. 20-40769 (5th Cir. 2022)
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Defendant pleaded guilty to narcotics possession and at his sentencing hearing, the court stated that if Defendant were to return to this country, he would be required to report to the nearest probation office within 72 hours. A week later the district court entered a written judgment that included an immediate-reporting requirement. Defendant challenged the written judgment’s inclusion of the immediate-reporting requirement.
The Fifth Circuit found no reversible error in the district court’s judgment and affirmed the decision.
The court held that there is no material difference between the oral pronouncement and the written judgment. The court reasoned that at sentencing the Defendant heard he would have to report to the probation office if he reentered the country, and he said nothing. Therefore, Defendant cannot complain when the judgment later clarified the reporting obligation. The court explained that it has previously asked the district court to amend a written judgment’s immediate-reporting requirement to the orally announced 72-hour-reporting requirement. However, those decisions were non-binding, nonprecedential, and unpublished. Therefore, the court declined to follow them.
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