United States v. Carrizales-Jaramillo, 303 F. App'x 215 (5th Cir. 2008). · Go Syfert
United States v. Carrizales-Jaramillo, 303 F. App'x 215 (5th Cir. 2008). Cases Citing This Book View Copy Cite
26 citation events (26 in the last 25 years) across 1 distinct court.
Strongest positive: United States v. Rafael Marroquin (ca5, 2017-10-31)
Treatment trajectory · 2011 → 2026 · click a year to view as-of
2011 2018 2026
Top citers, strongest first. 10 distinct citers.
discussed Cited as authority (rule) United States v. Rafael Marroquin
5th Cir. · 2017 · confidence medium
See, e.g., United States v. Guillen-Cruz, 853 F.3d 768, 775-77 (5th Cir. 2017) (finding plain error when the imposed sentence was eight months above the correct Guidelines range); United States v. Santacruz-Hernandez, 648 Fed.Appx. 456, 458 (5th Cir. 2016) (per curiam) (finding plain error when the imposed sentence was two months above the correct Guidelines range); United States v. Carrizales-Jaramillo, 303 Fed.Appx. 215, 217 (5th Cir. 2008) (per curiam) (finding plain error when the imposed sentence was one month above the correct Guidelines range).
discussed Cited as authority (rule) United States v. Martin Guillen-Cruz
5th Cir. · 2017 · confidence medium
See United States v. Santacruz-Hernandez, 648 Fed.Appx. 456, 458 (5th Cir. 2016) (finding reversible plain error where error resulted in sentencing range increase from between 4 and 10 months to between 6 and 12 months and defendant received 12-month sentence); United States v. Mudekunye, 646 F.3d 281, 289-91 (5th Cir. 2011) (finding reversible plain error where error resulted in sentencing range increase from between 63 and 78 months to between 78 and 97 months and defendant received 97-month sentence); John, 597 F.3d at 285-86 (finding reversible plain error where error resulted in sentencin…
discussed Cited as authority (rule) United States v. Channing Miller (2×)
5th Cir. · 2016 · confidence medium
See Hernandez, 690 F.3d at 621 (ranges overlapped by eleven months “and the district court imposed a sentence [twelve] months higher than the top-end of the correct Guidelines range”); Mudekunye, 646 F.3d at 290 (ranges overlapped by one month and the district court imposed a sentence nineteen months above the correct range); United States v. Carrizales-Jammillo, 303 Fed.Appx. 215, 217 (5th Cir. 2008) (one month overlap and defendant’s sentence exceeded the top end of the corrected range by one month).
examined Cited as authority (rule) United States v. Channing Miller (3×) also: Cited "see, e.g."
5th Cir. · 2016 · confidence medium
See Hernandez, 690 F.3d at 621 (ranges overlapped by eleven months “and the district court imposed a sentence [twelve] months higher than the top- end of the correct Guidelines range”); Mudekunye, 646 F.3d at 290 (ranges overlapped by one month and the district court imposed a sentence nineteen months above the correct range); United States v. Carrizales-Jaramillo, 303 F. App’x 215, 217 (5th Cir. 2008) (one month overlap and defendant’s sentence exceeded the top end of the corrected range by one month).
examined Cited as authority (rule) United States v. Aaron Hernandez (4×) also: Cited "see"
5th Cir. · 2012 · confidence medium
This court, however, has since called into question a broad 14 (...continued) F.3d at 289-91. 15 See United States v. Carrizales-Jaramillo, 303 F. App’x 215, 218 (5th Cir. 2008); United States v. Severin, 221 F. App’x 299, 303 (5th Cir. 2006). 16 Though Escalante-Reyes overturned a sentence below the correct guideline range, it is distinguishable, because it involved Tapia error, not incorrect guideline calculation.
cited Cited as authority (rule) United States v. Miguel Alegria-Alvarez
5th Cir. · 2012 · confidence medium
It should be noted that Mudekunye relied on an unpublished case as persuasive authority to support its decision, United States v. Carrizales-Jaramillo, 303 Fed.Appx. 215, 217 (5th Cir.2008).
discussed Cited as authority (rule) United States v. Mudekunye (2×)
5th Cir. · 2011 · confidence medium
No published cases have addressed the same fact scenario, but in an unpublished case, United States v. Carrizales-Jaramillo, we remanded for resentencing in a similar situation. 303 Fed.Appx. 215, 217 (5th Cir. 2008) (per curiam) (unpublished) (vacating a 31-month imposed sentence based on an incorrect Guidelines calculation of 30-37 months rather than 24-30 months).
discussed Cited as authority (rule) United States v. Joseph Mudekunye
5th Cir. · 2011 · confidence medium
No published cases have addressed the same fact scenario, but in an unpublished case, United States v. Carrizales–Jaramillo, we remanded for resentencing in a similar situation. 303 F. App’x 215, 217 (5th Cir. 2008) (per curiam) (unpublished) (vacating a 31-month imposed sentence based on an incorrect Guidelines calculation of 30–37 months rather than 24–30 months).
discussed Cited "see" United States v. Claiborne (2×)
5th Cir. · 2012 · signal: see · confidence high
See United States v. Carrizales-Jaramillo, 303 Fed.Appx. 215, 217 (5th Cir.2008) (per curiam) (finding reversible plain error where the incorrect Guidelines range (30-37 months) and correct Guidelines range (24-30 months) overlapped by one month but the defendant's sentence (31 months) was not within the correct Guidelines range, and the district court did not indicate that it would have imposed the same sentence or express an intent to sentence above the Guidelines range).
cited Cited "see, e.g." United States v. Silvestre Santacruz-Hernandez
5th Cir. · 2016 · signal: see, e.g. · confidence medium
See, e.g., United States v. Carizales-Jaramillo, 303 Fed.Appx. 215, 217 (5th Cir.2008) (finding plain error where the imposed sentence was one month above the correct Guidelines range).
UNITED STATES of America, Plaintiff-Appellee
v.
Manuel CARRIZALES-JARAMILLO, Defendant-Appellant
08-40546.
Court of Appeals for the Fifth Circuit.
Dec 17, 2008.
303 F. App'x 215
James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for PlaintiffAppellee., Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for D efendant-App ell ant.
Davis, Garza, Per Curiam, Prado.
Cited by 19 opinions  |  Unpublished
PER CURIAM: *

Manuel Carrizales-Jaramillo (“Carrizales”) pleaded guilty to unlawfully attempting to enter the United States after deportation, having previously been convicted of a felony, in violation of 8 U.S.C. § 1326(a), (b). The district court adopted the presentence report’s guidelines calculations, which indicated that Carrizales’ offense level of 13, coupled with his criminal history category of V, resulted in an advisory guidelines range of 30 to 37 months of imprisonment. The district court sentenced Carrizales to 31 months of imprisonment, near the low end of the advisory guidelines range of 30 to 37 months of imprisonment.

Carrizales argues that the district court plainly erred in its calculation of his criminal history points, because the district court improperly assigned two points to a term of imprisonment of 180 days that was imposed in December 1996 in connection with a Texas conviction of cocaine possession. He argues that under U.S.S.G. § 4A1.2(e)(l)-(3) (2007), because the December 1996 term of imprisonment was imposed more than 10 years prior to the instant offense, no criminal history points should have been assigned for this offense. The Government agrees with Carrizales’ argument that the district court committed plain error and that resentencing is required.

[*217] This court reviews a sentencing decision for “reasonableness,” applying the abuse-of-discretion standard. United States v. Cisneros-Gntiemz, 517 F.3d 751, 764 (5th Cir.2008). This review includes an assessment of whether the district court improperly calculated the guidelines range. Id. As Carrizales did not raise this argument in the district court, review is for plain error. See United States v. Price, 516 F.3d 285, 286-87 (5th Cir.2008). To show plain error, Carrizales must show an error that is clear or obvious and that affects his substantial rights. United States v. Baker, 538 F.3d 324, 332 (5th Cir.2008). If the appellant makes such a showing, this court has the discretion to correct the error but only if it seriously affects the fairness, integrity, or public reputation of judicial proceedings. Id.

Carrizales correctly asserts that the district court’s assessment of his criminal history points included two points for his December 1996 Texas conviction of possession of cocaine. As Carrizales committed the instant offense approximately 11 years after the 180-day sentence was imposed in December 1996, the district court committed clear or obvious error by including two criminal history points for this conviction. See § 4Al.l(a), (b) and comment, (n.2); § 4A1.2(e)(2). Subtraction of two of Carrizales’ criminal history points from his score of 11 points results in a total of nine criminal history points, which establishes a criminal history category of IV, rather than category V, which the district court used. See U.S.S.G., Ch. 5, Sentencing Table. The combination of criminal history category IV and Carrizales’ offense level of 13 results in a guidelines imprisonment range of 24 to 30 months, less than the 30 to 37 month range adopted by the district court.

While there is a one month overlap in the two sentencing ranges, Carrizales’ sentence of 31 months exceeds the top of the properly calculated guidelines range of 24 to 30 months of imprisonment. Unlike in United States v. Bonilla, 524 F.3d 647, 656 (5th Cir.2008), petition for cert. filed (Oct. 3, 2008) (No. 08-6668), the district court in Carrizales’ case did not indicate that it would have imposed the same sentence as an alternative sentence. Also, the district court did not express an intent to go outside of the guidelines range. Carrizales has thus shown a reasonable probability that, but for the misapplication of the Guidelines, he would have received a lesser sentence. He has therefore established that his substantial rights were violated. See Price, 516 F.3d at 289. Moreover, the error seriously affects the fairness, integrity, or public reputation of judicial proceedings. See Price, 516 F.3d at 289-90 and n. 28; United States v. Villegas, 404 F.3d 355, 365 (5th Cir.2005).

SENTENCE VACATED; CASE REMANDED FOR RESENTENCING.

*

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.