USA v. Benancio Macedo-Silva

Filing

UNPUBLISHED OPINION FILED.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]

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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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