IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
November 4, 2008
No. 08-40207
Summary Calendar Charles R. Fulbruge III
Clerk
UNITED STATES OF AMERICA
Plaintiff-Appellee
v.
OMAR GONZALEZ-FERNANDEZ, also known as Omar Fernandez-Gonzalez,
also known as Carlos Gonzalez-Hernandez, also known as Carlos Manuel
Gonzalez-Hernandez, also known as Omar Hernandez-Gonzalez
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:07-CR-1456-ALL
Before REAVLEY, DAVIS, and ELROD, Circuit Judges.
PER CURIAM:*
Omar Gonzalez-Fernandez appeals the sentence imposed following his
guilty plea conviction for illegal reentry following a previous deportation. He
argues that the district court’s written judgment of sentence conflicts with its
oral pronouncement of sentence. The Government agrees.
*
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should not be published and is not precedent except under the limited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.
No. 08-40207
At the sentencing hearing, the district court imposed a supervised release
term of two years. However, the written judgment reflects a three-year term of
supervised release. Because the written judgment in this case conflicts with the
oral pronouncement of judgment, the oral pronouncement controls. See United
States v. Martinez, 250 F.3d 941, 942 (5th Cir. 2001). Accordingly, the case is
remanded for the district court to amend its written judgment to conform to its
oral pronouncement of sentence. See id.
REMANDED.
2