United States v. Gurrola-Martinez

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS August 28, 2003 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 02-20945 Summary Calendar UNITED STATES OF AMERICA, Plaintiff- Appellee, versus HECTOR GURROLA-MARTINEZ, Defendant- Appellant. -------------------------------------------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-02-CR-89-ALL ------------------------------------------------------- Before SMTIH, DEMOSS and STEWART, Circuit Judges. PER CURIAM:* Hector Gurrola-Martinez appeals the sentence of supervised release imposed after he pleaded guilty to illegal reentry and was sentenced to 21 months of imprisonment to be followed by a three- year term of supervised release. Among the conditions of supervised release contained in the written judgment is a ban on Gurrola-Martinez’ possession of “a firearm, destructive device, or any other dangerous weapon.” Gurrola-Martinez challenges only the condition that he not possess “any other * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. dangerous weapon” because it was not included, inherently or expressly, in the oral pronouncement of sentence. The case is remanded for the district to amend the written judgment to conform to the court’s oral pronouncement of sentence by striking “or any other dangerous weapon” from the judgment. See United States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001). REMANDED. -2-