Case: 17-14675 Date Filed: 03/19/2018 Page: 1 of 6 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 17-14675 Non-Argument Calendar ________________________ D.C. Docket No. 2:17-cr-00018-RWS-JCF-1 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus LUIS MIGUEL JACINTO-GONZALEZ, a.k.a. Jacinto Luis-Miguel, a.k.a. Luis Miguel Gonzalez, a.k.a. Luis Miguel Jacinto, Defendant-Appellant. ________________________ Appeal from the United States District Court for the Northern District of Georgia ________________________ (March 19, 2018) Before MARTIN, ROSENBAUM, and NEWSOM, Circuit Judges. PER CURIAM: Case: 17-14675 Date Filed: 03/19/2018 Page: 2 of 6 Luis Miguel Jacinto-Gonzalez appeals his sentence of 8-months imprisonment and 2-years supervised release for illegal reentry of a deported alien in violation of 8 U.S.C. §§ 1326(a), (b)(2). He argues on appeal that the district court erred when it computed his time served and explicitly denied him any further credit for his time served as calculated by the Bureau of Prisons (“BOP”). After careful review, we vacate Jacinto-Gonzalez’s sentence and remand for resentencing. I. Jacinto-Gonzalez is a citizen and national of Mexico. On March 26, 2017, Jacinto-Gonzalez was arrested by the Gainesville Police department for disorderly conduct and public drunkenness. County officers referred him to immigration officers as a possible foreign-born inmate. Earlier, in October 2013, the United States removed Jacinto-Gonzalez to Mexico after he was convicted of aggravated assault. Jacinto-Gonzalez admitted he returned to the United States in 2016 without being inspected, admitted, or paroled by an immigration officer. On March 28, Jacinto-Gonzalez was charged by indictment with being in the United States after having been deported and without obtaining the consent of the Attorney General or the Secretary of Homeland Security, in violation of 8 U.S.C. §§ 1326(a) and (b)(2). On June 23, Jacinto-Gonzalez pled guilty to his state charges and was sentenced to 30-days imprisonment with credit for time served. 2 Case: 17-14675 Date Filed: 03/19/2018 Page: 3 of 6 On July 14, Jacinto-Gonzalez pled guilty to his federal charge. Jacinto-Gonzalez has been in custody since his March 26 arrest. On October 4, the district court held a sentencing hearing. Jacinto- Gonzalez’s sentencing guideline range was 8 to 14-months imprisonment. At the hearing, Jacinto-Gonzalez’s counsel expressed concern that BOP would not give his client credit for all the time he had been in custody. He noted that Jacinto- Gonzalez had been in federal custody since at least May 17, when he was arraigned in federal court, and in either federal or state custody since his arrest on March 26. He asked the court “to fashion a sentence that gives him credit for that time.” The district court agreed that it was unclear how much credit for time served Jacinto- Gonzalez would receive based on the BOP calculation. To address this uncertainty, the district court sentenced Jacinto-Gonzalez to 8-months imprisonment with no credit for time served. The court said: What I’ve essentially done is given him credit for the time served and calculate it as a 13- or 14-month sentence, depending on whether you’re giving him credit or ...
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