Case: 14-40957 Document: 00513064987 Page: 1 Date Filed: 06/03/2015
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 14-40957
Summary Calendar
United States Court of Appeals
Fifth Circuit
FILED
June 3, 2015
UNITED STATES OF AMERICA,
Lyle W. Cayce
Clerk
Plaintiff-Appellee
v.
CARLOS GIL-PEREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 7:12-CR-1471-1
Before SMITH, WIENER, and ELROD, Circuit Judges.
PER CURIAM: *
Defendant-Appellant Carlos Gil-Perez appeals the sentence imposed
following the revocation of his supervised release. Specifically, he challenges
the reimposition of a $100 special assessment in the district court’s written
judgment.
We generally review revocation sentences under the “plainly
unreasonable” standard of 18 U.S.C. § 3472. United States v. Miller, 634 F.3d
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 14-40957 Document: 00513064987 Page: 2 Date Filed: 06/03/2015
No. 14-40957
841, 843 (5th Cir. 2011). A review of the transcript of the instant revocation
hearing reflects that the district court’s reimposition of the special assessment
in the written judgment is contrary to its oral pronouncement and to evidence
presented at the hearing. Therefore, as the government concedes, a conflict
exists between the oral and written judgments. In such a situation, the oral
pronouncement controls. See United States v. Martinez, 250 F.3d 941, 942 (5th
Cir. 2001). We therefore modify the district court’s judgment, striking the
reimposed $100 special assessment so that the written judgment conforms
with the oral pronouncement, and we affirm the judgment as modified. See 28
U.S.C. § 2106; United States v. Orduna-Perales, 530 F. App’x 355, 356 (5th Cir.
2013).
AFFIRMED AS MODIFIED.
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