IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-41362
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ELIAS OVANDO-ROCHOL,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-01-CR-231-1
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February 5, 2003
Before DAVIS, WIENER, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Elias Ovando-Rochol appeals his guilty-plea conviction for
attempted illegal reentry of the United States after deportation.
He argues for the first time on appeal that, despite his consent to
proceed before the magistrate judge, the magistrate judge lacked
the authority to entertain his guilty plea. Ovando-Rochol’s
argument is foreclosed by our recent decision in United States v.
Bolivar-Munoz, 313 F.3d 253 (5th Cir. 2002), where we held that the
*
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that this opinion should not be published and is not precedent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.
No. 01-41362
-2-
defendants’ failure to object to such a procedural defect resulted
in a waiver of their right to raise the issue as a basis for relief
from their guilty pleas. Id. at 257.
The district court’s judgment incorrectly states that Ovando-
Rochol was convicted of illegal reentry after deportation, rather
than attempted illegal reentry after deportation. These two
offenses are different from one another. United States v.
Angeles-Mascote, 206 F.3d 529, 531 (5th Cir. 2000)(distinguishing
these offenses). Since the error is a clerical one that should be
corrected under FED. R. CRIM. P. 36, we REMAND this case to the
district court for the limited purpose of correcting it as
indicated. See United States v. Sapp, 439 F.2d 817, 821 (5th Cir.
1971).
AFFIRMED; REMANDED FOR CORRECTION OF CLERICAL ERROR IN
JUDGMENT.