ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

In this case, sub nom. Sandoval-Vallejo v. United States, — U.S. -, 127 S.Ct. 2031, 167 L.Ed.2d 760 (2007), the 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). The defendant has served his term of imprisonment and has been removed from the United States but remains subject to a term of supervised release.

*183 We are governed by United States v. Rosenbaum-Alanis, 488 F.3d 381, 383 (5th Cir. 2007), but, because defendant remains subject to supervised release, he may seek modification of the term of supervised release under 18 U.S.C. § 3583(e), which does not require his presence. See United States v. Ayala-Flores, 225 Fed.Appx. 333 (5th Cir. 2007) (per curiam) (unpublished); United States v. Argueta-Hernandez, 225 Fed.Appx. 336 (5th Cir. 2007) (per curiam) (unpublished).

We therefore DISMISS this appeal as moot without prejudice to defendant’s right to seek a modification of his term of supervised release.