USA v. Solis-Alvarez

Filing 920070702

Opinion

United States Court of Appeals Fifth Circuit

F I L E D
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
July 2, 2007 Charles R. Fulbruge III Clerk

No. 05-40767 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MARCO ANTONIO SOLIS-ALVAREZ, also known as Marco Antonio Solis-Garza, also known as Marco Antonio Soliz-Garza, Defendant-Appellant. -------------------Appeal from the United States District Court for the Southern District of Texas USDC No. 5:04-CR-2019-ALL -------------------ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before GARZA, DENNIS, and PRADO, Circuit Judges. PER CURIAM:*

Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. 1

*

Mr. Solis-Alvarez pleaded guilty to the charge of attempted illegal re-entry in violation of 8 U.S.C. § 1326 and was sentenced to 33 months of imprisonment, followed by three years of supervised relief. We

previously affirmed his sentence. United States v. SolisAlvarez, 169 Fed. Appx. 224 (5th Cir. 2006). The Supreme Court has vacated and remanded the case for

reconsideration in light of Lopez v. Gonzalez, 127 S.Ct. 625 (2006). Gutierrez-Tovar et al. v. United States, 127

S.Ct. 828 (2006). Following the Supreme Court's remand, we requested and received supplemental letter briefs from both parties regarding the impact of Lopez. Mr. Solis has since completed his term of

imprisonment and has been deported. His

appeal is moot,

according to binding circuit precedent. United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007)

("Because the defendant has been deported . . . and is legally unable, without permission of the Attorney

General, to reenter the United States to be present for a resentencing proceeding as required by Rule 43, there is no relief we are able to grant him and his appeal is
2

moot."). judgment

We of

therefore sentence.

DISMISS We

the

appeal the

as

to

the of

AFFIRM

judgment

conviction; Mr. Solis's arguments in that regard remain foreclosed by Almendarez-Torres v. United States, 523 U.S. 224 (1998).

3