Case: 15-41735 Document: 00513648093 Page: 1 Date Filed: 08/23/2016
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
No. 15-41735
Fifth Circuit
FILED
Summary Calendar August 23, 2016
Lyle W. Cayce
UNITED STATES OF AMERICA, Clerk
Plaintiff-Appellee
v.
MOISES ULLOA,
Defendant-Appellant
Appeal from the United States District Court
for the Southern District of Texas
USDC No. 5:15-CR-1036-1
Before KING, DENNIS, and COSTA, Circuit Judges.
PER CURIAM: *
Moises Ulloa pleaded guilty to reentering the United States after having
previously been removed and was sentenced to 41 months of imprisonment,
followed by three years of supervised release. In this appeal, he challenges the
district court’s entry of a judgment under 8 U.S.C. § 1326(b)(2), which provides
for a maximum sentence of 20 years for an alien whose prior removal was
subsequent to a conviction for an “aggravated felony.” Ulloa correctly
* 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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: 15-41735 Document: 00513648093 Page: 2 Date Filed: 08/23/2016
No. 15-41735
maintains that the qualifying prior felony, a 2012 New York conviction for
attempted robbery, did not constitute an “aggravated felony” because he was
not sentenced to a term of imprisonment of at least one year. See § 1326(b)(2);
8 U.S.C. § 1101(a)(43)(F). Accordingly, Ulloa’s conviction and sentence are
AFFIRMED. We REMAND the case to the district court for the limited
purpose of reforming the judgment to reflect Ulloa’s conviction under
§ 1326(b)(1) instead of § 1326(b)(2).
2