Opinion
No. 17-40099
09-26-2018
UNITED STATES OF AMERICA, Plaintiff - Appellee v. LUIS ALBERTO RUIZ-DOMINGUEZ, Defendant - Appellant
Summary Calendar Appeal from the United States District Court for the Southern District of Texas
USDC No. 1:16-CR-644-1 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before HIGGINBOTHAM, JONES, and SMITH, Circuit Judges. PER CURIAM:
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. --------
This case comes to us on remand from the Supreme Court of the United States for reconsideration in light of its recent decision in Rosales-Mireles v. United States, 138 S. Ct. 1897 (2018). We need not repeat the facts of this case, which are laid out in our previous opinion. See United States v. Ruiz- Dominguez, 713 F. App'x 273 (5th Cir. 2017). The question before us is whether this court should exercise its discretion to correct the district court's error in computing Ruiz-Dominguez's Guidelines range. Rosales-Mireles dictates that we should exercise our discretion in this case to remand for resentencing. See 138 S. Ct. at 1908-11.
Accordingly, we VACATE Ruiz-Dominguez's sentence and REMAND for reconsideration in light of the corrected guidelines range. The mandate shall issue forthwith.