Case: 14-40923 Document: 00513053016 Page: 1 Date Filed: 05/22/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40923
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
May 22, 2015
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
ADOLFO GALVEZ-PEREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 2:14-CR-143-1
Before DAVIS, CLEMENT, and COSTA, Circuit Judges.
PER CURIAM: *
Adolfo Galvez-Perez pleaded guilty to being found unlawfully present in
the United States following removal. He was sentenced below the
recommended Sentencing Guidelines range to 30 months of imprisonment.
The parties agree that the judgment of conviction improperly reflects that he
was convicted and sentenced under 8 U.S.C. § 1326(b)(2). See United States v.
Mondragon-Santiago, 564 F.3d 357, 368 (5th Cir. 2009). Because Galvez-
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40923 Document: 00513053016 Page: 2 Date Filed: 05/22/2015
No. 14-40923
Perez’s offense was a § 1326(b)(1) violation rather than a § 1326(b)(2) violation,
we REMAND for the limited purpose of reforming the judgment to reflect the
proper statute of conviction. See 28 U.S.C. § 2106. In all other respects, the
judgment is AFFIRMED.
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