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United States v. Ramon Carrillo-Hernandez
695 F. App'x 784
| 5th Cir. | 2017
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Docket

*1 Before KING, ELROD, and HIGGINSON, Circuit Judges.

PER CURIAM: [*]

Ramon Carrillo-Hernandez pleaded guilty to being an alien unlawfully found in the United States after a previous deportation subsequent to an aggravated felony conviction. The district court sentenced him to 48 months of imprisonment and a three-year term of supervised release. At sentencing, the district court recommended that Carrillo-Hernandez participate in an alcohol abuse treatment program while in prison. The written judgment, *2 Case: 16-41202 Document: 00514118763 Page: 2 Date Filed: 08/16/2017

No. 16-41202

however, recommended that he participate “in an alcohol and/or drug abuse evaluation and treatment program.” Carrillo-Hernandez contends that the written judgment’s deviation from the oral pronouncement is a clerical error and asks this court to remand the case to the district court for a correction of the judgment under Federal Rule of Criminal Procedure 36. We AFFIRM and REMAND to the district court for correction of this clerical error. See F ED . R. C RIM . P. 36; United States v. Mudd , 685 F.3d 473, 480 (5th Cir. 2012).

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[*] Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

Case Details

Case Name: United States v. Ramon Carrillo-Hernandez
Court Name: Court of Appeals for the Fifth Circuit
Date Published: Aug 16, 2017
Citation: 695 F. App'x 784
Docket Number: 16-41202 Summary Calendar
Court Abbreviation: 5th Cir.
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