Case: 09-40763 Document: 00511093935 Page: 1 Date Filed: 04/28/2010
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 28, 2010
No. 09-40763
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JORGE ARMANDO ALMANZA-TORRES,
Defendant-Appellant.
Appeal from the United States District Court
for the Southern District of Texas
No. 7:09-CR-321-1
Before DAVIS, SMITH, and DENNIS, Circuit Judges.
PER CURIAM:*
Jorge Almanza-Torres pleaded guilty of having been unlawfully present
in the United States. He argues on appeal, and the government concedes, that
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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.
Case: 09-40763 Document: 00511093935 Page: 2 Date Filed: 04/28/2010
No. 09-40763
the case should be remanded for correction of clerical errors in the Statement of
Reasons, which incorrectly says that the guideline range of imprisonment was
based on a total offense level that included a 16-level enhancement pursuant to
U.S.S.G. § 2L1.2(b)(1)(A); that the sentence imposed was within the guidelines
range of imprisonment; and that an upward departure or variance was not im-
posed. We remand solely for correction of the clerical errors in the Statement of
Reasons. F ED. R. C RIM. P. 36. The conviction and sentence are AFFIRMED.
2