United States v. Jason Marmino

Case: 18-50032 Document: 00515035857 Page: 1 Date Filed: 07/16/2019

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit

No. 18-50032 FILED Summary Calendar July 16, 2019 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff - Appellee v. JASON RAY MARMINO, Defendant - Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 6:16-CV-190

Before KING, SOUTHWICK, and ENGELHARDT, Circuit Judges.

PER CURIAM:* Jason Ray Marmino appeals the district court’s denial of his 28 U.S.C. § 2255 motion, in which he argued that his term of imprisonment was unconstitutional. While this appeal was pending, Marmino completed his term of imprisonment. His attorney has filed a letter advising the court that the case is now moot. We agree. Marmino’s appeal only challenged his term of Case: 18-50032 Document: 00515035857 Page: 2 Date Filed: 07/16/2019

No. 18-50032 imprisonment. He did not challenge any other aspect of his sentence. Because Marmino has been released from prison, we cannot grant him any relief. See United States v. Bacio-Gonzales, 713 F. App’x 357, 358 (5th Cir. 2018) (unpublished).

Accordingly, this appeal is DISMISSED as moot.