United States v. Jose Villatoro-Ortez , 609 F. App'x 247 ( 2015 )


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  •      Case: 13-40618      Document: 00513113754         Page: 1    Date Filed: 07/13/2015
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT
    United States Court of Appeals
    Fifth Circuit
    No. 13-40618                                  FILED
    Summary Calendar                            July 13, 2015
    Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    JOSE GILBERTO VILLATORO-ORTEZ,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Southern District of Texas
    USDC No. 7:13-CR-63
    Before STEWART, Chief Judge, and PRADO and HAYNES, Circuit Judges.
    PER CURIAM: *
    Jose Gilberto Villatoro-Ortez (Villatoro) appeals the sentence imposed
    following his guilty plea conviction for being unlawfully present in the United
    States following removal. He argues that the district court erred by applying
    a 16-level enhancement for his being removed following a conviction for a drug
    trafficking offense for which the sentence was greater than 13 months of
    imprisonment.
    * 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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH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.
    Case: 13-40618    Document: 00513113754    Page: 2   Date Filed: 07/13/2015
    No. 13-40618
    Villatoro’s sentence has expired, and he has been released. Accordingly,
    the appeal of his sentence is moot. See United States v. Rosenbaum-Alanis,
    
    483 F.3d 381
    , 382 (5th Cir. 2007); United States v. Ramon, 
    320 F.3d 519
    , 519-
    20 (5th Cir. 2003).
    APPEAL DISMISSED.
    2
    

Document Info

Docket Number: 13-40618

Citation Numbers: 609 F. App'x 247

Filed Date: 7/13/2015

Precedential Status: Non-Precedential

Modified Date: 1/13/2023