United States v. Carlos Gil-Perez

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 2