Case: 10-40562 Document: 00511626664 Page: 1 Date Filed: 10/07/2011
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
October 7, 2011
No. 10-40562
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAUL GARCIA-PINON,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:09-CR-2468-1
Before BENAVIDES, STEWART and CLEMENT, Circuit Judges.
PER CURIAM:*
Raul Garcia-Pinon (Garcia) pleaded guilty to attempted re-entry of a
deported alien. He has appealed his sentence.
The written judgment contains, as a special condition of supervised
release, a general prohibition against the use of an alias name. As the
Government concedes, this condition conflicts with the district court’s oral
pronouncement of the sentence because it broadens the restrictions or
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-40562 Document: 00511626664 Page: 2 Date Filed: 10/07/2011
No. 10-40562
requirements of Garcia’s supervised release. See United States v. Mireles, 471
F.3d 551, 558 (5th Cir. 2006).
In this circumstance, the written judgment must be conformed to the oral
pronouncement by the district court. See United States v. Bigelow, 462 F.3d 378,
383-84 (5th Cir. 2006). On remand, the district court will have discretion to
impose a special condition of supervised release prohibiting Garcia from
identifying himself falsely in a manner that would constitute a law violation, as
such a condition would clarify the standard condition requiring Garcia to refrain
from criminal conduct and so would not be in conflict with the oral
pronouncement. See id.; United States v. Torres-Aguilar, 352 F.3d 934, 938 (5th
Cir. 2003).
The judgment is VACATED IN PART, and the case is REMANDED for
further proceedings consistent with this opinion.
2