Benancio Macedo-Silva pleaded guilty to being unlawfully present in the United States following removal. The district court sentenced Macedo-Silva to 37 months in prison and did not impose a supervised release term.

In his only issue on appeal, Macedo-Silva contends that the district court erred in concluding that his 2001 Mississippi conviction for conspiracy to commit rape warranted a 16-level enhancement under U.S.S.G. § 2L1.2(b)(1)(A)(ii). Because Macedo-Silva has been released from prison after completing his prison term and he has no additional sentence to serve, his appeal is moot. See Spencer v. Kemna, 523 U.S. 1, 7-8, 118 S.Ct. 978, 140 L.Ed.2d 43 (1998).

DISMISSED.