USA v. Benancio Macedo-Silva


UNPUBLISHED OPINION FILED. [12-40049 Dismissed as Moot ] Judge: TMR , Judge: JLD , Judge: LHS Mandate pull date is 08/27/2014 for Appellant Benancio Macedo-Silva [12-40049]

Download PDF
Case: 12-40049 Document: 00512725059 Page: 1 Date Filed: 08/06/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit No. 12-40049 Summary Calendar FILED August 6, 2014 Lyle W. Cayce Clerk UNITED STATES OF AMERICA, Plaintiff-Appellee v. BENANCIO MACEDO-SILVA, Defendant-Appellant Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11-CR-1417-1 Before REAVLEY, DENNIS, and SOUTHWICK, Circuit Judges. PER CURIAM: * Benancio Macedo-Silva pleaded guilty to being unlawfully present in the United States following removal. The district court sentenced Macedo-Silva to 37 months in prison and did not impose a supervised release term. In his only issue on appeal, Macedo-Silva contends that the district court erred in concluding that his 2001 Mississippi conviction for conspiracy to commit rape warranted a 16-level enhancement under U.S.S.G. 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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: 12-40049 Document: 00512725059 Page: 2 Date Filed: 08/06/2014 No. 12-40049 ยง 2L1.2(b)(1)(A)(ii). Because Macedo-Silva has been released from prison after completing his prison term and he has no additional sentence to serve, his appeal is moot. See Spencer v. Kemna, 523 U.S. 1, 7-8 (1998). DISMISSED. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?