USA v. Ernesto Diaz-Parraguirre, Jr.

Filing

UNPUBLISHED OPINION FILED. [10-60295 Dismissed as moot] Judge: JLW , Judge: ECP , Judge: PRO Mandate pull date is 11/18/2010 for Appellant Ernesto Rafeal Diaz-Parraguirre Jr. [10-60295]

USA v. Ernesto Diaz-Parraguirre, Jr. Case: 10-60295

Document: 00511277301 Page: 1 Date Filed: 10/28/2010

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IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
N o . 10-60295 S u m m a r y Calendar October 28, 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. E R N E S T O RAFEAL DIAZ-PARRAGUIRRE, JR., 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 Northern District of Mississippi U S D C No. 1:09-CR-153-1

B e fo r e WIENER, PRADO, and OWEN, Circuit Judges. P E R CURIAM:* D e fe n d a n t -A p p e lla n t Ernesto Rafeal Diaz-Parraguirre, Jr. (Diaz), a M e x ic a n national, appeals the nine-month sentence he received following his g u ilt y -p le a conviction for being found unlawfully in the United States after h a v in g been previously deported, in violation of 8 U.S.C. § 1326. He contends t h a t his sentence is unreasonable and that the district court violated Federal R u le of Criminal Procedure 32 by failing to allow him or his counsel to provide in fo r m a t io n relevant to the mitigation of his sentence.
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 10-60295 Document: 00511277301 Page: 2 Date Filed: 10/28/2010 No. 10-60295 D ia z has completed his sentence, has been released from custody, and has b e e n removed to Mexico. The appeal of his sentence is therefore moot. See U n ite d States v. Rosenbaum-Alanis, 483 F.3d 381, 383 (5th Cir. 2007). Accordingly, the appeal is DISMISSED.

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