UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-21187
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
MARCELO RIVERA-PORTILLO, also known as
Marcelo Rivera DeLaPortillo,
Defendant-Appellant.
_________________________________________________________________
Appeal from the United States District Court
for the Southern District of Texas
(H-01-CR-114-1)
_________________________________________________________________
June 27, 2002
Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges
PER CURIAM:*
Marcelo Rivera-Portillo appeals his sentence following his
guilty-plea conviction for illegal reentry into the United States
following deportation after an aggravated felony conviction.
Rivera contends the district court’s written judgment conflicts
with the judgment it pronounced orally at sentencing.
“[W]hen there is a conflict between a written sentence and an
oral pronouncement, the oral pronouncement controls.” United
*
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this opinion should not be published and is not precedent except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.
States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001). Such a
conflict is present in the instant case.
The written judgment required Rivera to submit to periodic
drug testing and to participate in a mental health program. It
also required him to incur the costs associated with those
activities. The district court’s oral pronouncement at sentencing,
however, contained no such conditions.
Accordingly, the judgment is vacated, and this case is
remanded for the limited purpose of allowing the district court to
amend its written judgment to conform to its oral sentence. Id.
VACATED AND REMANDED FOR AMENDMENT OF JUDGMENT