U.S. v. Ramirez-Maldonado

Full title: UNITED STATES of America, Plaintiff-Appellee, v. Timoteo…

Court: United States Court of Appeals, Fifth Circuit

Date published: Jun 13, 2007

242 F. App'x 135 (5th Cir. 2007)

Opinion

No. 04-0749 Conference Calendar.

June 13, 2007.

James Lee Turner, Assistant U.S. Attorney, Julia Bowen Stern, Assistant U.S. Attorney, U.S. Attorney's Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Molly E. Odom, Federal Public Defender's Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Appeal from the United States District Court for the Southern District of Texas, USDC No. 1:04-CR-144-ALL.

Before BENAVIDES, CLEMENT, and PRADO, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM:[fn*] [fn*] Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

This court affirmed the conviction and sentence of Timoteo Ramirez-Maldonado (Ramirez). United States v. Ramirez-Maldonado, 145 Fed.Appx. 55 (5th Cir. 2005). The Supreme Court vacated and remanded for further consideration in light of Lopez v. Gonzales, ___ U.S. ___, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006).

Ramirez has been deported. He therefore would not legally be able to attend any resentencing, as is required by FED. R. CRIM. P. 43, should this court remand his case. We are unable to grant Ramirez relief. His appeal is moot and is dismissed. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007).

APPEAL DISMISSED.