US v. Josue Villalta
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 8:14-cr-00195-DKC-1. Copies to all parties and the district court/agency. [999655192]. [14-4817]
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UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-4817
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JOSUE VILLALTA, a/k/a Walter Alberto Sanchez,
Defendant - Appellant.
Appeal from the United States District Court for the District of
Maryland, at Greenbelt.
Deborah K. Chasanow, Senior District
Judge. (8:14-cr-00195-DKC-1)
Submitted:
June 17, 2015
Decided:
September 8, 2015
Before SHEDD, FLOYD, and THACKER, Circuit Judges.
Dismissed by unpublished per curiam opinion.
James Wyda, Federal Public Defender, Paresh S. Patel, Appellate
Attorney,
Greenbelt,
Maryland,
for
Appellant.
Rod
J.
Rosenstein, United States Attorney, Baltimore, Maryland; Sujit
Raman, Chief of Appeals, Greenbelt, Maryland; Leslie Caldwell,
Assistant Attorney General, Sung-Hee Suh, Deputy Assistant
Attorney General, James I. Pearce, UNITED STATES DEPARTMENT OF
JUSTICE, Washington, D.C., for Appellee.
Unpublished opinions are not binding precedent in this circuit.
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PER CURIAM:
Josue
Villalta
pled
guilty
to
illegal
reentry
after
deportation, in violation of 8 U.S.C. § 1326(a) (2012), and was
sentenced to 13 months’ imprisonment and 3 years of supervised
release.
The
only
issue
Villalta
raises
on
appeal
is
a
challenge to the district court’s finding that he had previously
been convicted of an “aggravated felony,” triggering an eightlevel enhancement under the U.S. Sentencing Guidelines Manual
§ 2L1.2(b)(1)(C)
(2013),
and
resulting
Guidelines range of 15 to 21 months.
in
a
Sentencing
We dismiss the appeal as
moot.
During the pendency of this appeal, Villalta was released
from imprisonment.
district
moot.
court’s
Accordingly, his arguments challenging the
imposition
of
the
13-month
prison
term
are
Cf. United States v. Hardy, 545 F.3d 280, 284-85 (4th
Cir. 2008) (noting that appellant’s release from prison during
pendency of appeal mooted challenge to revocation of supervised
release and imposition of prison sentence); see Friedman’s, Inc.
v. Dunlap, 290 F.3d 191, 197 (4th Cir. 2002) (“[W]hether we are
presented with a live case or controversy is a question we may
raise sua sponte since mootness goes to the heart of the Article
III
jurisdiction
omitted)).
of
the
courts.”
(internal
quotation
marks
Villalta does not challenge either his conviction or
the district court’s imposition of supervised release.
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Accordingly, we dismiss the appeal as moot.
We dispense
with oral argument because the facts and legal contentions are
adequately
presented
in
the
materials
before
this
court
and
argument would not aid the decisional process.
DISMISSED
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