USA v. Jesus Osorio-Bautista

Filing

UNPUBLISHED OPINION FILED. [13-50651 Dismissed as Moot ] Judge: FPB , Judge: EBC , Judge: PRO Mandate pull date is 04/24/2014 for Appellant Jesus Abel Osorio-Bautista [13-50651]

Case: 13-50651

Document: 00512583950

Page: 1

Date Filed: 04/03/2014

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
United States Court of Appeals
Fifth Circuit

FILED

No. 13-50651
Summary Calendar

April 3, 2014
Lyle W. Cayce
Clerk

UNITED STATES OF AMERICA,
Plaintiff-Appellee
v.
JESUS ABEL OSORIO-BAUTISTA,
Defendant-Appellant
Appeal from the United States District Court
for the Western District of Texas
USDC No. 1:13-CR-159-1
Before BENAVIDES, CLEMENT, and OWEN, Circuit Judges.
PER CURIAM: *
Jesus Abel Osorio-Bautista (Osorio) appeals the sentence imposed
following his guilty plea conviction for illegal reentry following deportation in
violation of 8 U.S.C. § 1326. He contends that the district court procedurally
erred by relying on a clearly erroneous fact.

Osorio also argues that the

sentence is unreasonable because it is greater than necessary to accomplish
the sentencing goals set forth in 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 R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH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.
*

Case: 13-50651

Document: 00512583950

Page: 2

Date Filed: 04/03/2014

Osorio has completed his term of imprisonment, has been released from
custody, and has been removed to Mexico.

The appeal of his sentence is

therefore moot. See United States v. Rosenbaum-Alanis, 483 F.3d 381, 382-83
(5th Cir. 2007). Accordingly, the appeal is DISMISSED.