United States v. Marco Martinez-Puente , 394 F. App'x 88 ( 2010 )


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  •      Case: 09-51099     Document: 00511221686          Page: 1    Date Filed: 09/01/2010
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT  United States Court of Appeals
    Fifth Circuit
    FILED
    September 1, 2010
    No. 09-51099
    Summary Calendar                         Lyle W. Cayce
    Clerk
    UNITED STATES OF AMERICA,
    Plaintiff-Appellee
    v.
    MARCO ANTONIO MARTINEZ-PUENTE,
    Defendant-Appellant
    Appeal from the United States District Court
    for the Western District of Texas
    USDC No. 3:09-CR-1842-1
    Before GARWOOD, DAVIS, and OWEN, Circuit Judges.
    PER CURIAM:*
    Marco Antonio Martinez-Puente pled guilty to illegal reentry after
    deportation. He was sentenced to 12 months of imprisonment, to be followed by
    one year of non-reporting supervised release. On appeal, Martinez-Puente
    argues only that his sentence is unreasonable because it is greater than
    necessary to accomplish the goals of sentencing under 
    18 U.S.C. § 3553
    (a).
    *
    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 R. 47.5, the court has determined that this opinion should not
    be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-51099   Document: 00511221686 Page: 2      Date Filed: 09/01/2010
    No. 09-51099
    We do not reach the merits of the issue that he presents.        Because
    Martinez-Puente has prior to this date been released from federal custody and
    removed from the United States, he is subject only to an undischarged term of
    supervised release. We cannot grant what he requests because resentencing
    would require Martinez-Puente to be present at a hearing to consider a new
    sentence; his deportation creates a legal bar to such an appearance. United
    States v. Rosenbaum-Alanis, 
    483 F.3d 381
    , 383 (5th Cir. 2007). This appeal
    therefore has become moot.
    The appeal is DISMISSED.
    2
    

Document Info

Docket Number: 09-51099

Citation Numbers: 394 F. App'x 88

Judges: Davis, Garwood, Owen, Per Curiam

Filed Date: 9/1/2010

Precedential Status: Non-Precedential

Modified Date: 8/3/2023