United States v. Ayala-Flores
United States v. Ayala-Flores
Opinion
ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES
On January 8, 2006, the Supreme Court vacated our judgment in this case and *334 remanded the case to this court for further consideration in light of Lopez v. Gonzales. 1 The defendant has served his term of imprisonment and has been deported, but he remains subject to a term of supervised release. Our disposition of this appeal is governed by this circuit’s binding precedent in United States v. Rosenbaum-Alanis. 2
Because the defendant remains subject to a term of supervised release, however, he may still seek modification of the term of supervised release under 18 U.S.C. § 3583(e), which does not require his presence. We therefore DISMISS this appeal without prejudice to the defendant’s right to seek a modification of his term of supervised release.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be *334 published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
. - U.S. -, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006).
. 483 F.3d 381 (5th Cir. 2007).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.