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United States v. Hernandez-Banega

UNITED STATES COURT OF APPEALS TENTH CIRCUIT
Mar 28, 2017
No. 16-1061 (10th Cir. Mar. 28, 2017)

Opinion

No. 16-1061

03-28-2017

UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY JOEL HERNANDEZ-BANEGA, a/k/a Jimmy Cruz, a/k/a Jimmy Diaz, a/k/a Jimmy Diaz-Cruz, Defendant - Appellant.


(D.C. No. 1:15-CR-00329-WYD-1)
(D. Colo.)

ORDER

Before HOLMES, MURPHY, and PHILLIPS, Circuit Judges.

Defendant-Appellant Jimmy Joel Hernandez-Banega challenges his twenty-month term of imprisonment and three-year period of supervised release. He argues that the district court improperly applied a twelve-level sentencing enhancement under U.S. Sentencing Guidelines § 2L1.2(b)(1)(B).

On March 15, 2017, however, the government filed a notice advising our court that Mr. Hernandez-Banega was deported to Honduras following completion of the custodial portion of his sentence. Although Mr. Hernandez-Banega remains legally subject to a term of supervised release, his deportation means that he "has no obligation to report to a probation officer and is not under the supervision or control of the United States Probation Office." United States v. Vera-Flores, 496 F.3d 1177, 1181 (10th Cir. 2007). Mr. Hernandez-Banega's removal has therefore "eliminated all practical consequences associated with serving a term of supervised release," id. at 1181, and he has no "actual injury which this court can remedy," id. at 1182. Similarly, Mr. Hernandez-Banega "has failed to demonstrate the presence of collateral consequences arising from any alleged errors the . . . district court made during [his] sentencing proceeding." Id. And the mere possibility of his reentry (along with the attendant revival of his obligation to comply with his supervised-release conditions) is too speculative to avoid dismissal for mootness. See id. at 1181-82.

Accordingly, Mr. Hernandez-Banega's removal has rendered this appeal moot. See id. at 1182 (dismissing an appeal on mootness grounds following deportation); see also United States v. Pena-Flores, 240 F. App'x 281, 283 (10th Cir. 2007) (same), cert. denied, 552 U.S. 1281 (2008). Therefore, this appeal is DISMISSED.

Entered for the Court,

/s/

ELISABETH A. SHUMAKER, Clerk


Summaries of

United States v. Hernandez-Banega

UNITED STATES COURT OF APPEALS TENTH CIRCUIT
Mar 28, 2017
No. 16-1061 (10th Cir. Mar. 28, 2017)
Case details for

United States v. Hernandez-Banega

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff - Appellee, v. JIMMY JOEL…

Court:UNITED STATES COURT OF APPEALS TENTH CIRCUIT

Date published: Mar 28, 2017

Citations

No. 16-1061 (10th Cir. Mar. 28, 2017)