Because Campos did not object to the district court’s supervised-release determination, we review his sentence for plain error. United States v. Putnam , 806 F.3d 853, 855 (5th Cir. 2015) (per curiam); FED. R. CRIM. P. 52(b).
The Government further concedes that based on this court's precedent, the district court committed error and that the error was clear and obvious. See United States v. Brown, 826 F.3d 835, 839 (5th Cir. 2016) (noting that Government conceded clear or obvious error where the district court sentenced Brown to ten years of supervised release for his failure to register conviction although the correct range was five years); United States v. Putnam, 806 F.3d 853, 855-57 (5th Cir. 2015) (vacating and remanding, on plain error review, Putnam's fifteen-year term of supervised release for failure to register where the district court incorrectly calculated the term of supervised release as five years to life); Segura, 747 F.3d at 330 (determining that failure to register is not a sex offense and that the Guidelines range for supervised release for that offense is five years). Thus, because he has shown clear or obvious error, the next question is whether Shartzer has shown that the error affected his substantial rights to the extent that this court's exercise of discretion to correct the error is warranted. Segura, 747 F.3d at 327.
Since this amendment, we have held that the correct term of supervised release for failure to register under 18 U.S.C. § 2250(a) is a single point of five years. United States v. Putnam , 806 F.3d 853, 855 (5th Cir. 2015) (per curiam); United States v. Segura , 747 F.3d 323, 330 (5th Cir. 2014). Because the district court calculated an incorrect Guidelines range for supervised release, we move to the second step.
On appeal, Floss argues, as some circuits have held, that because failure to register is not a sex offense, "[t]he Guidelines recommendation for the length of supervised release is thus just five years, rather than ... five years to life." United States v. Putnam, 806 F.3d 853, 855 (5th Cir. 2015). Therefore, he contends, the court committed plain error in calculating the guidelines range as 5 years to life.
Rosales-Mireles, 138 S. Ct. at 1907. United States v. Campos, 922 F.3d 686, 689 (5th Cir. 2019) (quoting United States v. Putnam, 806 F.3d 853, 856 (5th Cir. 2015)). United States v. Perez-Mateo, 926 F.3d 216, 218 (5th Cir. 2019) (quoting Rosales-Mireles, 138 S. Ct. at 1908).
An earlier decision of this court held that failing to register under SORNA does not qualify as a sex offense for guideline purposes. United States v. Putnam, 806 F.3d 853, 855 (5th Cir. 2015) (per curiam). The district court's error on this issue was clear, and it affected Brown's substantial rights, because the maximum permissible length of his supervised release would otherwise be five years.
Amendments to the Guidelines further revised the commentary accompanying § 5D1.2(b)(2) to clarify that failure to register as a sex offender does not constitute a sex offense. United States v. Putnam, 806 F.3d 853, 855 (5th Cir. 2015) (citing U.S. SENTENCING GUIDELINES MANUAL, SUPP. TO APP'X C, Amend. 786, at 80-82)). "The Guidelines recommendation for the length of supervised release is thus just five years, rather than the range of five years to life listed in [Movant's] PSR."