Case: 12-41008 Document: 00512279847 Page: 1 Date Filed: 06/19/2013
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
June 19, 2013
No. 12-41008
Summary Calendar Lyle W. Cayce
Clerk
UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
ENRIQUE ORDUNA-PERALES,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:07-CR-893-1
Before REAVLEY, JOLLY, and DAVIS, Circuit Judges.
PER CURIAM:*
Enrique Orduna-Perales appeals the sentence imposed following the
revocation of his supervised release. Specifically, he challenges the district
court’s reimposition of a $100 special assessment.
We review revocation sentences under 18 U.S.C. § 3742’s “plainly
unreasonable” standard. United States v. Miller, 634 F.3d 841, 843 (5th Cir.
2011). A review of the transcript from the revocation hearing reflects that the
district court’s reimposition of the special assessment is contrary to the oral
*
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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-41008 Document: 00512279847 Page: 2 Date Filed: 06/19/2013
No. 12-41008
pronouncement and evidence presented at the hearing. Therefore, as the
Government concedes, a conflict exists between the oral and written judgments.
In such a case, the oral pronouncement controls. See United States v. Martinez,
250 F.3d 941, 942 (5th Cir. 2001). Accordingly, the district court’s judgment is
modified to strike the reimposition of the $100 special assessment so that the
written judgment is in conformance with the oral pronouncement, and we affirm
the judgment as so modified. See 28 U.S.C. § 2106; see also United States v.
Hermoso, 484 F. App’x 970, 972–73 (5th Cir. 2012).
AFFIRMED AS MODIFIED.
2