Case: 21-50806 Document: 00516558691 Page: 1 Date Filed: 11/28/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED November 28, 2022 No. 21-50806 Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Cruz Angel Romana-Calderon, Defendant—Appellant. Appeal from the United States District Court for the Western District of Texas USDC No. 3:21-CR-576 Before Smith, Barksdale, and Haynes, Circuit Judges. Per Curiam:* Cruz Angel Romana-Calderon contends the district court violated his right to be present at sentencing by including a special condition in its written judgment that does not conform to its oral pronouncement at sentencing. As explained below, we AFFIRM but REMAND to the district court to make a slight modification. * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Circuit Rule 47.5.4. Case: 21-50806 Document: 00516558691 Page: 2 Date Filed: 11/28/2022 No. 21-50806 In May 2021, Romana-Calderon, a Mexican citizen, pleaded guilty to illegal reentry in violation of 8 U.S.C. § 1326(b)(1). In conjunction with Romana-Calderon’s guilty plea, a probation officer prepared a presentence report recommending an imprisonment term of 24 to 30 months. The report also recommended a supervised release term of one to three years with “mandatory and standard conditions” and “no special conditions.” At Romana-Calderon’s rearraignment hearing, the magistrate judge told him his supervised release would likely include at least two conditions: “[n]ot to come back to the United States illegally and not to violate the laws of the United States.” At sentencing, the district court asked if Romana-Calderon had reviewed the presentence report with his attorney. Romana-Calderon said that he had. He made no objections to the report. Romana-Calderon also stated that he intended to “stay in Mexico” and would not return to the United States. Ultimately, the district court judge orally sentenced Romana- Calderon to 24 months’ imprisonment followed by “two years nonreporting supervised release.” The written judgment also included a special condition stating that if Romana-Calderon is deported, he “must remain outside the United States.” This provision resembles—though slightly differs—from the language of a standard condition adopted by the Western District of Texas which states, “If the defendant is excluded, deported, or removed upon release on probation or supervised release . . . . The defendant shall not illegally re-enter the United States.” Standing Order, Conditions of Probation and Supervised Release (W.D. Tex. Nov. 28, 2016) (emphasis added). On appeal, Romana-Calderon argues that the special condition in the written judgment impermissibly conflicts with the sentence the district judge orally pronounced. Specifically, he says that the district court never adopted the presentence report which incorporated the standard conditions set by the Western District. Moreover, even if it had, the condition in the written 2 Case: 21-50806 Document: 00516558691 Page: 3 Date Filed: 11/28/2022 No. 21-50806 judgment and the standard condition conflict. He asks this court to resolve this conflict by remanding to the …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals