U.S. Court of Appeals for the Fifth Circuit, 2008

United States v. Cardona-Ramirez

United States v. Cardona-Ramirez
U.S. Court of Appeals for the Fifth Circuit · Decided April 21, 2008 · Stewart, Owen, Southwick
275 F. App'x 318

United States v. Cardona-Ramirez

Opinion

PER CURIAM: *

The sole question raised in this appeal is whether Defendant-Appellant Jose Cardo-na-Ramirez’s illegal reentry sentence was improperly enhanced by eight levels on the ground that his prior California possession conviction amounted to an aggravated felony. According to the Bureau of Prisons website, Cardona-Ramirez is scheduled to complete his term of imprisonment April 14, 2008. Because his release is imminent, this Court cannot usefully grant the only *319 relief to which Appellant would have been entitled: re-sentencing.

Because no effective judicial remedy exists, we must DISMISS this appeal as MOOT.

*

Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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