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United States v. Rosales-Mireles
Citation: 898 F.3d 1265Docket: No. 16-50151
Court: Court of Appeals for the Fifth Circuit; August 10, 2018; Federal Appellate Court
Florencio Rosales-Mireles was convicted and sentenced for illegal reentry into the United States. His sentence included an unobjected-to error. On appeal, the Fifth Circuit affirmed the conviction, choosing not to grant plain-error relief. However, the Supreme Court later reversed this decision and remanded the case for further proceedings. Following this, both the United States and the Federal Public Defender jointly moved to vacate the original sentence and request resentencing. The court, while not obligated to follow the joint motion, found the request appropriate and granted it. Consequently, the judgment of sentence was vacated, and the case was remanded for resentencing.