USA v. Ernesto Nieto-Torre


UNPUBLISHED OPINION FILED. [11-50492 Dismissed as Moot] Judge: PEH , Judge: JLD , Judge: JEG Mandate pull date is 05/12/2014 for Appellant Ernesto Nieto-Torres [11-50492]

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Case: 11-50492 Document: 00512602499 Page: 1 Date Filed: 04/21/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 11-50492 Summary Calendar April 21, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. ERNESTO NIETO-TORRES, also known as Ernesto Alonso Nieto-Torres, also known as Ernesto Alonso Nieto Torres, Defendant-Appellant Appeal from the United States District Court for the Western District of Texas USDC No. 3:10-CR-3197 Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * Ernesto Nieto-Torres appeals the sentence imposed following his conviction for illegal reentry into the United States. He argues that his sentence is unreasonable because the district court relied on his need for medical treatment to impose or lengthen his sentence. Because Nieto-Torres has completed his imprisonment term and has been removed from the United 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. * Case: 11-50492 Document: 00512602499 Page: 2 Date Filed: 04/21/2014 No. 11-50492 States, any challenge to his sentence is moot. See United States v. RosenbaumAlanis, 483 F.3d 381, 382-83 (5th Cir. 2007). APPEAL DISMISSED. 2

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