United States v. Juan Mejia , 589 F. App'x 296 ( 2015 )

Case: 14-20383 Document: 00512895129 Page: 1 Date Filed: 01/08/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-20383
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
January 8, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUAN OLIVEROS MEJIA, also known as Juan Mejia Oliveros,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 4:14-CR-8-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Juan Oliveros Mejia pleaded guilty to illegal reentry following
deportation subsequent to an aggravated felony and was sentenced to 40
months in prison. Mejia and the Government agree that Mejia’s prior
conviction for sexual assault pursuant to Texas Penal Code § 22.011 does not
qualify as an “aggravated felony” for purposes of 8 U.S.C. § 1326(b)(2), which
carries a 20-year statutory maximum. The parties disagree as to whether the
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-20383 Document: 00512895129 Page: 2 Date Filed: 01/08/2015
No. 14-20383
proper remedy is remand for the district court to enter a modified judgment or
for this court itself to modify and affirm the judgment.
We agree that there was error. See Rodriguez v. Holder, 705 F.3d 207,
215-16 (5th Cir. 2013). The conviction and sentence imposed by the district
court are AFFIRMED. However, we REMAND to the district court for the
limited purpose of correcting the judgment to reflect the correct offense of
conviction as under § 1326(b)(1). See United States v. Johnson, 588 F.2d 961,
964 (5th Cir. 1979).
2