Case: 16-51047 Document: 00513898826 Page: 1 Date Filed: 03/06/2017
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 16-51047
Fifth Circuit
FILED
March 6, 2017
UNITED STATES OF AMERICA, Lyle W. Cayce
Clerk
Plaintiff - Appellee
v.
HUMBERTO CHACON-IBARRA,
Defendant - Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 4:16-CR-165-1
Before REAVLEY, OWEN, and SOUTHWICK, Circuit Judges.
PER CURIAM:*
This Defendant has been twice deported and had not always observed
the law while in this country. He has been sentenced to 30 months in prison,
but his guidelines range was erroneously enhanced and his sentence has been
suspended.
The error was the enhancement of offense points for a crime where
sentence was fully suspended. It was a plain error. United States v. Rodriguez-
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 16-51047 Document: 00513898826 Page: 2 Date Filed: 03/06/2017
No. 16-51047
Parra, 581 F.3d 227 (5th Cir. 2009). The elements of plain error have been
satisfied, and we vacate for resentencing.
VACATED and REMANDED.
2