USA v. Jonathan Camacho-Munoz

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
________________________

No. 18-13750
________________________

D.C. Docket No. 5:18-cr-00012-RBD-PRL-1

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

JONATHAN CAMACHO-MUNOZ,

Defendant - Appellant.
________________________

Appeal from the United States District Court
for the Middle District of Florida
________________________
(April 1, 2020)
Before JORDAN and TJOFLAT, Circuit Judges, and BEAVERSTOCK,
∗
District
Judge.

∗
Honorable Jeffrey U. Beaverstock, United States District Judge for the Southern District of
Alabama, sitting by designation.
Case: 18-13750 Date Filed: 04/01/2020 Page: 1 of 2

2

PER CURIAM:
Following oral argument and review of the record, we vacate Jonathan
Camacho-Munoz’s 24-month sentence and remand for resentencing. The district
court was provided incorrect information about the co-defendant’s advisory
guideline range and expressly took that information into account in deciding to vary
upward by six months as to Mr. Camacho-Munoz’ sentence. See D.E. 68 at 13. The
government, realizing the error, subsequently filed a motion under Rule 35 to correct
the sentence. See D.E. 53. Under the circumstances, we conclude that the proper
resolution is to allow the district court to resentence Mr. Camacho-Munoz with a
correct understanding of the co-defendant’s advisory guideline range and ultimate
sentence. See United States v. Battaglia, 478 F.2d 854 (5th Cir. 1972).
VACATED AND REMANDED.
Case: 18-13750 Date Filed: 04/01/2020 Page: 2 of 2