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U.S. v. MENDEZ

No. 11-4095.

UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JOSE MANUEL-CALIXT MENDEZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: July 5, 2012.

Attorney(s) appearing for the Case

ARGUED: Jennifer Haynes Rose, LAW OFFICE OF JENNIFER HAYNES ROSE, Raleigh, North Carolina, for Appellant.

Jennifer E. Wells, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

ON BRIEF: Thomas G. Walker, United States Attorney, Jennifer P. May-Parker, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee.

Vacated and remanded by unpublished opinion. Judge Agee wrote the opinion, in which Judge Wilkinson and Judge Hudson concurred.

Unpublished opinions are not binding precedent in this circuit.

AGEE, Circuit Judge.

Jose Manuel-Calixt Mendez challenges the procedural and substantive reasonableness of his sentence, but not his underlying convictions. Because the district court plainly erred in failing to consider the factors listed in 18 U.S.C. § 3553(a) or to state on the record a basis for the sentence it imposed, we vacate Mendez' sentence and remand this case for...

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