United States v. Munoz-Huerta

Type

Opinion

Per curiam

Yes — no individual author

Filed

Dec. 9, 2022

Case

United States v. Munoz-Huerta

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

Case: 22-10406 Document: 00516573622 Page: 1 Date Filed: 12/09/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit No. 22-10406 FILED December 9, 2022 Summary Calendar Lyle W. Cayce Clerk United States of America, Plaintiff—Appellee, versus Miguel Munoz-Huerta, Defendant—Appellant. Appeal from the United States District Court for the Northern District of Texas USDC No. 4:15-CR-30 Before Wiener, Elrod, and Engelhardt, Circuit Judges. Per Curiam:* Following a plea of guilty, the district court sentenced defendant- appellant Miguel Munoz-Huerta to 235 months confinement and four years of supervised release. Munoz-Huerta moved to reduce his sentence under 18 U.S.C. § 3582(c)(1)(A) – the compassionate release statute. Concluding that § 3582(c)(1)(A) was not the proper procedural mechanism for the relief * This opinion is not designated for publication. See 5th Cir. R. 47.5. Case: 22-10406 Document: 00516573622 Page: 2 Date Filed: 12/09/2022 No. 22-10406 sought, the district court construed the motion as one brought under 28 U.S.C. § 2255 and afforded Munoz-Huerta the opportunity to “either (1) withdraw the document that the Court rechar…

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