Case: 14-40187 Document: 00512888829 Page: 1 Date Filed: 01/05/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40187
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
January 5, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
RAMON VASQUEZ-DIAZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:13-CR-958-1
Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges.
PER CURIAM: *
It is undisputed that the written judgment convicting Ramon Vasquez-
Diaz of illegal reentry of a deported alien incorrectly reflects that he was
convicted under 8 U.S.C. § 1326(b)(2). The parties disagree as to whether the
proper remedy is remand for the district court to enter a modified judgment or
for this court itself to modify and affirm the judgment. We choose the latter.
We therefore AFFIRM the judgment of the district court but REFORM it to
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40187 Document: 00512888829 Page: 2 Date Filed: 01/05/2015
No. 14-40187
reflect conviction and sentencing under 8 U.S.C. § 1326(a) and (b)(1). See
United States v. Mondragon-Santiago, 564 F.3d 357, 368-69 (5th Cir. 2009);
see also 28 U.S.C. § 2106; United States v. Hermoso, 484 F. App’x 970, 972-73
(5th Cir. 2012).
2