U.S. Court of Appeals for the Fifth Circuit, 2012

United States v. Martimiano Cayetano-Gaspar

United States v. Martimiano Cayetano-Gaspar
U.S. Court of Appeals for the Fifth Circuit · Decided March 1, 2012 · Benavides, Stewart, Higginson
463 F. App'x 338

United States v. Martimiano Cayetano-Gaspar

Opinion

PER CURIAM: *

Martimiano Cayetano-Gaspar appeals the sentence imposed following his guilty *339 plea conviction for illegal reentry following deportation in violation of 8 U.S.C. § 1326. He contends that the sentence is substantively unreasonable because it is greater than necessary to accomplish the sentencing goals set forth in 18 U.S.C. § 3553(a). The Government has moved for summary affirmance or, in the alternative, for an extension of time in which to file an appellate brief.

Cayetano-Gaspar has completed his sentence, has been released from custody, and has been removed to Mexico. The appeal of his sentence is therefore moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). Accordingly, the appeal is DISMISSED. The Government’s motions for summary affirmance and for an extension of time are DENIED 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Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under *339 the limited circumstances set forth in 5th Cir. R. 47.5.4.

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