Opinion
No. 14-40923
05-22-2015
UNITED STATES OF AMERICA, Plaintiff-Appellee v. ADOLFO GALVEZ-PEREZ, Defendant-Appellant
Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 2:14-CR-143-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
Adolfo Galvez-Perez pleaded guilty to being found unlawfully present in the United States following removal. He was sentenced below the recommended Sentencing Guidelines range to 30 months of imprisonment. The parties agree that the judgment of conviction improperly reflects that he was convicted and sentenced under 8 U.S.C. § 1326(b)(2). See United States v. Mondragon-Santiago, 564 F.3d 357, 368 (5th Cir. 2009). Because Galvez- Perez's offense was a § 1326(b)(1) violation rather than a § 1326(b)(2) violation, we REMAND for the limited purpose of reforming the judgment to reflect the proper statute of conviction. See 28 U.S.C. § 2106. In all other respects, the judgment is AFFIRMED.