Case: 11-40430 Document: 00511813963 Page: 1 Date Filed: 04/06/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
April 6, 2012
No. 11-40430
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ALVARO PARAMO,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:10-CR-2073-1
Before JONES, Chief Judge, and HAYNES and GRAVES, Circuit Judges.
PER CURIAM:*
Alvaro Paramo pleaded guilty to attempting to smuggle goods from the
United States and making false statements. The district court sentenced
Paramo to 60 months of imprisonment and three years of supervised release. In
his sole issue for appeal, Paramo contends that there is a clerical error in the
judgment of the offense of conviction that should be remanded for correction.
The judgment states that Paramo was convicted of smuggling goods from
the United States and making false statements. Attempt offenses are distinct
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 11-40430 Document: 00511813963 Page: 2 Date Filed: 04/06/2012
No. 11-40430
from actual offenses, even where both offenses appear in the same statute. See
United States v. Angeles-Mascote, 206 F.3d 529, 531 (5th Cir. 2000).
The case is remanded to the district court for the limited purpose of
correcting the original judgment to reflect that Paramo was convicted of
attempting to smuggle goods from the United States and making false
statements. See FED. R. CRIM. P. 36. The district court’s judgment is
AFFIRMED in all other respects.
2