USA v. Naranjo-Santos

Filing 920080819

Opinion

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

FILED
No. 06-51134 Conference Calendar
August 19, 2008 Charles R. Fulbruge III Clerk

UNITED STATES OF AMERICA Plaintiff-Appellee v. ANDRES NARANJO-SANTOS Defendant-Appellant

Appeal from the United States District Court for the Western District of Texas USDC No. 2:06-CR-133-ALL

Before GARZA, CLEMENT, and SOUTHWICK, Circuit Judges. PER CURIAM:* Andres Naranjo-Santos (Naranjo) appeals the sentence imposed following his guilty plea to illegal reentry, in violation of 8 U.S.C. § 1326. He argues that the district court erred in increasing his sentence based on a prior drugtrafficking conviction which was neither pleaded nor proved and that it erred in determining that his prior conviction for simple possession was an aggravated felony.

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

*

No. 06-51134 Naranjo, however, has been released from federal custody and removed from the United States, leaving him subject only to an undischarged term of supervised release. Because Naranjo has requested relief in the form of

resentencing, relief we cannot grant, his appeal is moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007), cert. denied, 128 S. Ct. 1216 (2008). Accordingly, the appeal is DISMISSED.

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