United States of America v. Anselmo Zepeda

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Decided June 24, 2009
Before
DANIEL A. MANION, Circuit Judge
MICHAEL S. KANNE, Circuit Judge
DIANE S. SYKES, Circuit Judge
No. 07‐2761
UNITED STATES OF AMERICA,
Plaintiff‐Appellee,
v.
ANSELMO ZEPEDA,
Defendant‐Appellant.
Appeal from the United States District
Court for the Northern District of
Indiana.
No. 2:05 CR 41‐04
Rudy Lozano,
Judge.
O R D E R
On May 11, 2009, we ordered a limited remand asking the district court to determine
whether the transcript of Anselmo Zepeda’s sentencing hearing accurately reflects the term
of imprisonment pronounced from the bench. The district court listened to the recording of
the hearing and discovered that the transcript—which reflects that the court pronounced a
term of 150 months—is in error: the term pronounced from the bench was 210 months, the
same term reflected in the written judgment. The transcript has been corrected and made
part of the record on appeal. Because there is no discrepancy between the orally
pronounced sentence and the written judgment, and Zepeda has presented no other
argument on appeal, the judgment of the district court dated July 13, 2007 is AFFIRMED.
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with
FED. R. A PP. P. 32.1

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