USA v. Marco Martinez-Puente

Filing

USA v. Marco Martinez-Puente

Doc. 0

Case: 09-51099

Document: 00511221686

Page: 1

Date Filed: 09/01/2010

IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 09-51099 S u m m a r y Calendar September 1, 2010 Lyle W. Cayce Clerk

U N IT E D STATES OF AMERICA, P la in t if f -A p p e lle e v. M A R C O ANTONIO MARTINEZ-PUENTE, D e fe n d a n t -A p p e lla n t

A p p e a l from the United States District Court fo r the Western District of Texas U S D C No. 3:09-CR-1842-1

B e fo r e GARWOOD, DAVIS, and OWEN, Circuit Judges. P E R CURIAM:* M a r c o Antonio Martinez-Puente pled guilty to illegal reentry after d e p o r t a t io n . He was sentenced to 12 months of imprisonment, to be followed by o n e year of non-reporting supervised release. On appeal, Martinez-Puente a r g u e s only that his sentence is unreasonable because it is greater than n e c e s s a r y to accomplish the goals of sentencing under 18 U.S.C. § 3553(a).

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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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

*

Dockets.Justia.com

Case: 09-51099

Document: 00511221686 Page: 2 No. 09-51099

Date Filed: 09/01/2010

W e do not reach the merits of the issue that he presents.

Because

M a r t in e z -P u e n t e has prior to this date been released from federal custody and r e m o v e d from the United States, he is subject only to an undischarged term of s u p e r v is e d release. We cannot grant what he requests because resentencing w o u ld require Martinez-Puente to be present at a hearing to consider a new s e n t e n c e ; his deportation creates a legal bar to such an appearance. United S t a t e s v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). This appeal t h e r e fo r e has become moot. T h e appeal is DISMISSED.

2