Opinion
No. 18-13750
04-01-2020
UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JONATHAN CAMACHO-MUNOZ, Defendant - Appellant.
[DO NOT PUBLISH] D.C. Docket No. 5:18-cr-00012-RBD-PRL-1 Appeal from the United States District Court for the Middle District of Florida Before JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK, District Judge. PER CURIAM:
Honorable Jeffrey U. Beaverstock, United States District Judge for the Southern District of Alabama, sitting by designation. --------
Following oral argument and review of the record, we vacate Jonathan Camacho-Munoz's 24-month sentence and remand for resentencing. The district court was provided incorrect information about the co-defendant's advisory guideline range and expressly took that information into account in deciding to vary upward by six months as to Mr. Camacho-Munoz' sentence. See D.E. 68 at 13. The government, realizing the error, subsequently filed a motion under Rule 35 to correct the sentence. See D.E. 53. Under the circumstances, we conclude that the proper resolution is to allow the district court to resentence Mr. Camacho-Munoz with a correct understanding of the co-defendant's advisory guideline range and ultimate sentence. See United States v. Battaglia, 478 F.2d 854 (5th Cir. 1972).
VACATED AND REMANDED.