Summary Calendar UNITED STATES OF AMERICA v. Irineo Espino-Reyes

* 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should not be published and is not precedent except under the limited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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 07-40584
Summary Calendar
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
IRINEO ESPINO-REYES
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:02-CR-726-1
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Irineo Espino-Reyes (Espino) pleaded guilty in 2002 to illegally reentering
the United States following deportation subsequent to an aggravated felony
conviction, in violation of 8 U.S.C. § 1326(a) and (b), and he was sentenced to 37
months of imprisonment, to be followed by three years of supervised release. In
2007, Espino pleaded guilty to violating the conditions of his supervised release
by illegally reentering the United States again. Solely on the basis of that
violation, Espino’s supervised release was revoked, and he was sentenced to six
United States Court of Appeals
Fifth Circuit
F I L E D
December 21, 2007
Charles R. Fulbruge III
Clerk

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No. 07-40584
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months of imprisonment, to run consecutively to the sentence for his second
illegal reentry conviction.
The written judgment also listed a second violation as the basis of the
revocation of Espino’s supervised release. Both Espino and the Government
request that his case be remanded for the limited purpose of correcting this
clerical error. We remand for the limited purpose of correcting the judgment to
reflect that Espino violated the terms of his supervised release by illegally
reentering the United States. See FED. R. CRIM. P. 36.
AFFIRMED; REMANDED FOR THE LIMITED PURPOSE OF
CORRECTING CLERICAL ERROR IN JUDGMENT.

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