Case: 09-40854 Document: 00511065971 Page: 1 Date Filed: 03/30/2010

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED March 30, 2010 No. 09-40854 Summary Calendar Charles R. Fulbruge III Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. EFREN HERNANDEZ-ISIDRO, Defendant-Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:09-CR-510-1

Before KING, STEWART, and HAYNES, Circuit Judges.

PER CURIAM:* Efren Hernandez-Isidro appeals his guilty plea conviction and sentence for being found in the United States unlawfully following deportation. He argues that the case should be remanded to the district court to conform the written judgment to the oral pronouncement of sentence by including the district court’s recommendation that his sentence run concurrently with any pending state charges.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR .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: 09-40854 Document: 00511065971 Page: 2 Date Filed: 03/30/2010 No. 09-40854 After the parties’ briefs were filed, the district court entered an amended judgment that includes the concurrent sentencing recommendation.

Accordingly, we dismiss the appeal as moot. See Spencer v. Kemna, 523 U.S. 1, 7 (1998).

APPEAL DISMISSED.