Case: 19-40496 Document: 00515388937 Page: 1 Date Filed: 04/20/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 19-40496 April 20, 2020 Summary Calendar Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. LUIS MANUEL MAGALLON-CONTRERAS, Defendant - Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 2:18-CR-735-1 Before STEWART, HIGGINSON, and COSTA, Circuit Judges. PER CURIAM:* Luis Manuel Magallon-Contreras (“Magallon-Contreras”) pled guilty to two counts of transporting an undocumented alien, was sentenced to 12 months and one day, and is set to be released from prison on April 26, 2020. In this expedited appeal he challenges two of the three special conditions that were included in his presentencing report (“PSR”) but, not orally pronounced at sentencing. For the foregoing reasons, we VACATE the conditions at issue * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 19-40496 Document: 00515388937 Page: 2 Date Filed: 04/20/2020 No. 19-40496 and REMAND the written judgment for conformity with the oral pronouncement. I. FACTUAL AND PROCEDURAL BACKGROUND Magallon-Contreras is Mexican by birth, has been living in the United States since 1976, and became a lawful, permanent resident in 1986. He has been married to his wife, Hermila, for the past 37 years with whom he shares three adult children. Prior to this incident, Magallon-Contreras worked as a dairy farmer in Escalon, California and led a crime-free life. Magallon-Contreras was arrested on June 28, 2018. On February 21, 2019, he pled guilty before a magistrate judge, without a plea agreement, to two counts of transporting an undocumented alien in violation of 8 U.S.C. §§ 1324(a)(1)(A)(ii), 1324(a)(1)(A)(v)(II), and 1324(a)(1)(B)(ii). He signed a stipulation of facts wherein he admitted to transporting an undocumented alien into the United States. On March 8, 2019, the district court adopted the magistrate judge’s recommendation that Magallon-Contreras be found guilty on those charges. Magallon-Contreras’s PSR calculated his total offense level at a 13 and included various mandatory, standard, and special conditions of supervised release in its appendix. They are as follows: You must immediately report to U.S. Immigration and Customs Enforcement [ICE] and follow all their instructions and reporting requirements until any deportation proceedings are completed. If you are ordered deported from the United States, you must remain outside the United States unless legally authorized to reenter. If you reenter the United States, you must report to the nearest probation office within 72 hours after you return. At sentencing, the district court asked Magallon-Contreras’s counsel whether he reviewed the PSR with the appellant and if there were any objections to the PSR. Counsel indicated that neither he nor Magallon-Contreras had any objections to the PSR. After further discussion, the district court ultimately 2 Case: 19-40496 Document: 00515388937 Page: 3 Date Filed: 04/20/2020 No. 19-40496 sentenced Magallon-Contreras ...
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