United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT May 27, 2005
Charles R. Fulbruge III
Clerk
No. 04-41227
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
RIGOBERTO DE PAZ-RIVAS,
Defendant-Appellant.
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Appeal from the United States District Court
for the Southern District of Texas
(2:04-CR-72-ALL)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
An unpublished per curiam opinion and judgment of remand was
filed in this appeal on April 7, 2005, and the mandate issued on
April 29, 2005. This panel, proceeding sua sponte, has now reheard
the captioned appeal and concludes that, in light of the previous
issuance by the district court of an amended judgment that conformed
to the agreed position of the government and the appellant, our
original opinion was incorrect in ruling that the district court had
lacked jurisdiction to enter its amended judgment. We are satisfied
*
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this opinion should not be published and is not precedent except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.
that our judgment vacating the district court’s amended judgment and
remanding for entry of the appropriate judgment was improvidently
issued. Therefore, in the interest of judicial economy, our
opinion, judgment, and mandate should be and hereby are recalled,
and this appeal is dismissed as moot. In consequence, the amended
judgment of the district court sentencing de Paz under 8 U.S.C. §
1326(a) only, for which the maximum imprisonment was 2 years, stands
as the final judgment of that court.
OPINION, JUDGMENT, AND MANDATE WITHDRAWN; APPEAL DISMISSED AS MOOT;
AMENDED JUDGMENT OF DISTRICT COURT AND SENTENCE IMPOSED THEREIN
REINSTATED.
2