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United States v. Rayon-Gonzalez

Citations: 871 F.3d 811; 2017 WL 4296056; 2017 U.S. App. LEXIS 18804Docket: No. 16-40232

Court: Court of Appeals for the Fifth Circuit; September 28, 2017; Federal Appellate Court

Narrative Opinion Summary

The case involving Edgar Rayon-Gonzalez was remanded by the U.S. Supreme Court for reconsideration based on the precedent set in Esquivel-Quintana v. Sessions. Rayon-Gonzalez filed motions to vacate the district court's judgment, seek remand for resentencing, and expedite the mandate, which were opposed. The Government was permitted to submit a late response. Ultimately, the motions were denied, and the court requested additional briefing. After review, the court vacated Rayon-Gonzalez's sentence and remanded the case to the district court for resentencing, allowing the district court to consider all relevant factors during this process.

Legal Issues Addressed

Government's Right to Respond

Application: The court allowed the government to submit a late response to the motions filed by Rayon-Gonzalez.

Reasoning: The Government was permitted to submit a late response.

Motions to Vacate and Remand

Application: Rayon-Gonzalez filed motions to vacate the district court's judgment and sought a remand for resentencing, which were ultimately denied by the court.

Reasoning: Rayon-Gonzalez filed motions to vacate the district court's judgment, seek remand for resentencing, and expedite the mandate, which were opposed.

Remand for Reconsideration Based on Supreme Court Precedent

Application: The case was remanded by the U.S. Supreme Court to be reconsidered in light of a new precedent established in a related case.

Reasoning: The case involving Edgar Rayon-Gonzalez was remanded by the U.S. Supreme Court for reconsideration based on the precedent set in Esquivel-Quintana v. Sessions.

Vacating Sentence and Remand for Resentencing

Application: The court vacated Rayon-Gonzalez's sentence and remanded the case back to the district court for resentencing, with instructions to consider all relevant factors.

Reasoning: After review, the court vacated Rayon-Gonzalez's sentence and remanded the case to the district court for resentencing, allowing the district court to consider all relevant factors during this process.