Case: 14-50380 Document: 00512968731 Page: 1 Date Filed: 03/13/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-50380
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
March 13, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
JUAN GABRIEL PEREZ-PADRON,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 2:13-CR-1282-1
Before PRADO, OWEN, and GRAVES, Circuit Judges.
PER CURIAM: *
Juan Gabriel Perez-Padron (Perez) appeals his conviction and sentence
for being unlawfully present in the United States following removal. His sole
argument on appeal is that the district court’s written judgment erroneously
provided that he was convicted under 8 U.S.C. § 1326(a), (b)(1), and (b)(2) when
he was convicted only under § 1326(a) and (b)(1). The Government agreed with
Perez, and this court granted the Government’s unopposed motion to modify
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-50380 Document: 00512968731 Page: 2 Date Filed: 03/13/2015
No. 14-50380
the judgment and for a limited remand for entry of a corrected judgment. The
district court subsequently entered a corrected judgment providing that Perez
was convicted under § 1326(a) and (b)(1). The Government now moves for
summary affirmance.
Perez has received all of the relief that he seeks in the present appeal.
Thus, the basis for the present appeal no longer exists, and summary
affirmance is appropriate. See United States v. Holy Land Found. for Relief &
Dev., 445 F.3d 771, 781 & n.5 (5th Cir. 2006). Accordingly, the unopposed
motion for summary affirmance is GRANTED, and the judgment of the district
court is AFFIRMED.
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