Case: 11-40530 Document: 00511808724 Page: 1 Date Filed: 04/02/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 2, 2012
No. 11-40530
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
RAUL ARAGUZ-RAMIREZ,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 1:04-CR-48-1
Before JONES, Chief Judge, and PRADO and ELROD, Circuit Judges.
PER CURIAM:*
Raul Araguz-Ramirez (Araguz) appeals from the judgment imposed after
the district court revoked the term of supervised release that he was serving in
connection with his 2004 illegal-reentry conviction. He concedes that he violated
the conditions of his supervised release that prohibited him from committing
another crime and from illegally reentering the United States. He argues,
however, that the written judgment includes a clerical error insofar as it
indicates that he additionally violated the conditions of his supervised release
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40530 Document: 00511808724 Page: 2 Date Filed: 04/02/2012
No. 11-40530
by committing the offense of public intoxication. The Government concedes the
error.
Our review of the record confirms that whether Araguz had violated his
supervised release conditions by committing the offense of public intoxication
was not at issue during the revocation hearing. Because the district court made
no mention a such a violation at any point in the revocation hearing, including
during its oral pronouncement of sentence, the oral pronouncement of sentence
conflicts with the written judgment, and the case is REMANDED FOR THE
LIMITED PURPOSE of allowing the district court to conform its written
judgment to its oral pronouncement of sentence. See United States v. Martinez,
250 F.3d 941, 942 (5th Cir. 2001).
2